Chapter 6 - Africa

The African Union was launched on 9 July, 2002, to replace the Organisation of African Unity (OAU). It was established with a view to accelerating the process of integration in the continent while addressing social, economic and political problems. Its aims include the promotion of democratic principles and institutions, popular participation and good governance. The AU covers the entire continent since Morocco re-joined the organisation in 2017.

The African Charter on Human and Peoples' Rights established the African Commission on Human and Peoples' Rights. It is empowered, among other things, to receive and consider communications submitted by states, individuals and organisations alleging that a State Party has violated one or more of the rights guaranteed by the Charter. A Protocol establishing an African Court on Human and Peoples' Rights came into force on 25 January 2004. In January 2006, the first eleven judges of the Court were elected, and in July 2006 the Court held its first meeting. The Court is located in Arusha, Tanzania. It issued its first ruling on merits in June 2013.

Treaty Standards

African Charter on Human and Peoples’ Rights (ACHPR) (1981-1986)

ACHPR ratification status

Article 9

Each individual shall have the right to receive information.

Every individual shall have the right to express and disseminate his opinions with- in the law.

Article 10

1. Each individual shall have the right to free association provided that he abides by the law.

Article 11

Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Article 13

Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.

Every citizen shall have the right of equal access to the public service of his country.

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (ACHPR - PW) (2003)

ACHPR - PW ratification status

Article 9

Right to Participation in the Political and Decision-Making Process

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that:
   1. women participate without any discrimination in all elections;
   2. women are represented equally at all levels with men in all electoral processes; […]
2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

African Charter on Democracy, Elections and Governance (ACDEG) (2007-2012)

ACDEG ratification status

Chapter 2: Objectives

Article 2

The objectives of this Charter are to:

1. Promote adherence, by each State Party, to the universal values and principles of democracy and respect for human rights;
2. Promote and enhance adherence to the principle of the rule of law premised upon the respect for, and the supremacy of, the Constitution and constitutional order in the political arrangements of the State Parties;
3. Promote the holding of regular free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of governments;
4. Prohibit, reject and condemn unconstitutional change of government in any Member State as a serious threat to stability, peace, security and development;
5. Promote and protect the independence of the judiciary;
6. Nurture, support and consolidate good governance by promoting democratic culture and practice, building and strengthening governance institutions and inculcating political pluralism and tolerance;
7. Encourage effective coordination and harmonization of governance policies amongst State Parties with the aim of promoting regional and continental integration;
8. Promote State Parties’ sustainable development and human security;
9. Promote the fight against corruption in conformity with the provisions of the AU Convention on Preventing and Combating Corruption adopted in Maputo, Mozambique in July 2003;
10. Promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs;
11. Promote gender balance and equality in the governance and development processes;
12. Enhance cooperation between the Union, Regional Economic Communities and the International Community on democracy, elections and governance; and
13. Promote best practices in the management of elections for purposes of political stability and good governance.

Chapter 3: Principles

Article 3

State Parties shall implement this Charter in accordance with the following principles:

1. Respect for human rights and democratic principles;
2. Access to and exercise of state power in accordance with the constitution of the State Party and the principle of the rule of law;
3. Promotion of a system of government that is representative;
4. Holding of regular, transparent, free and fair elections;
5. Separation of powers;
6. Promotion of gender equality in public and private institutions;
7. Effective participation of citizens in democratic and development processes and in governance of public affairs;
8. Transparency and fairness in the management of public affairs;
9. Condemnation and rejection of acts of corruption, related offenses and impunity;
10. Condemnation and total rejection of unconstitutional changes of government;
11. Strengthening political pluralism and recognising the role, rights and responsibilities of legally constituted political parties, including opposition political parties, which should be given a status under national law.

Chapter 4: Democracy, Rule of Law and Human Rights

Article 4

1. State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights.
2. State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people.

Article 5

State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.

Article 8

1. State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any other form of intolerance.
2. State Parties shall adopt legislative and administrative measures to guarantee the rights of women, ethnic minorities, migrants, people with disabilities, refugees and displaced persons and other marginalized and vulnerable social groups.
3. State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation.
4. Chapter 6: Democratic Institutions Article 14
5. State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order.
6. State Parties shall take legislative and regulatory measures to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
7. State Parties shall cooperate with each other to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.

Chapter 6: Democratic Institutions

Article 14

1. State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order.
2. State Parties shall take legislative and regulatory measures to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
3. State Parties shall cooperate with each other to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.

Chapter 7: Democratic Elections

Article 17

State Parties reaffirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa:

To this end, State Parties shall:

1. Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections.
2. Establish and strengthen national mechanisms that redress election-related disputes in a timely manner.
3. Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections.
4. Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them in through exclusively legal channels.

Chapter 8: Sanctions in Cases of Unconstitutional Changes of Government

Article 23

State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union:

1. Any putsch or coup d’état against a democratically elected government.
2. Any intervention by mercenaries to replace a democratically elected government.
3. Any replacement of a democratically elected government by armed dissidents or rebels.
4. Any refusal by an incumbent government to relinquish power to the winning party or candidate after free, fair and regular elections; or
5. Any amendment or revision of the constitution or legal instruments, which is an infringement on the principles of democratic change of government.

Chapter 9: Political, Economic and Social Governance

Article 29

State Parties shall recognize the crucial role of women in development and strengthening of democracy.

State Parties shall create the necessary conditions for full and active participation of women in the decision-making processes and structures at all levels as a fundamental element in the promotion and exercise of a democratic culture. State Parties shall take all possible measures to encourage the full and active participation of women in the electoral process and ensure gender parity in representation at all levels, including legislatures.

Article 32

State Parties shall strive to institutionalize good political governance through:

1. Accountable, efficient and effective public administration;
2. Strengthening the functioning and effectiveness of parliaments;
3. An independent judiciary;
4. Relevant reforms of public institutions including the security sector;
5. Harmonious relationships in society including civil-military relations
6. Consolidating sustainable multiparty political systems;
7. Organising regular, free and fair elections; and
8. Entrenching and respecting the principle of the rule of law.

Article 34

State Parties shall decentralize power to democratically elected local authorities as provided in national laws.

African Union Convention on Preventing and Combating Corruption (2003-2006)

AUCPCC ratification status

Article 2 Objectives

The objectives of this Convention are to: [...]

5. Establish the necessary conditions to foster transparency and accountability in the management of public affairs.

Article 10 Funding of Political Parties

Each State Party shall adopt legislative and other measures to:

(a) Proscribe the use of funds acquired through illegal and corrupt practices to finance political parties; and

(b) Incorporate the principle of transparency into funding of political parties.

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (1998-2004)

ACtPHR Protocol ratification status

Article 1 Establishment of the Court

There shall be established within the Organization of African Unity an African Court Human and Peoples` Rights hereinafter referred to as “the Court”, the organization, jurisdiction and functioning of which shall be governed by the present Protocol.

Article 2 Relationship between the Court and the Commission

The Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples` Rights hereinafter referred to as “the Commission”, conferred upon it by the African Charter on Human and Peoples` Rights, hereinafter referred to as “the Charter”.

Article 3 Jurisdiction

1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.
2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Article 4 Advisory Opinions

1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission.
2. The Court shall give reasons for its advisory opinions provided that every judge shall be entitled to deliver a separate of dissenting decision.

Article 5 Access To The Court

1. The following are entitled to submit cases to the Court: a) The Commission b) The State Party which had lodged a complaint to the Commission c) The State Party against which the complaint has been lodged at the Commission d) The State Party whose citizen is a victim of human rights violation e) African Intergovernmental Organizations
2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.
3. The Court may entitle relevant non-governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Article 6 Admissibility of Cases

The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.

The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

The Court may consider cases or transfer them to the Commission.

Article 7 Sources of Law

The Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned.

Article 9 Amicable Settlement

The Court may try to reach an amicable settlement in a case pending before it in accordance with the provisions of the Charter.

Article 29 Notification of Judgment

1. The parties to the case shall be notified of the judgment of the Court and it shall be transmitted to the Member States of the OAU and the Commission.
2. The Council of Ministers shall also be notified of the judgment and shall monitor its execution on behalf of the Assembly.

Article 30 Execution of Judgment

The States Parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the Court and to guarantee its execution.

Article 34 Ratification

(...) 6. At the time of the ratification of this Protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party, which has not made such a declaration.

7. Declarations made under sub-article (6) above shall be deposited with the Secretary-General, who shall transmit copies thereof to the State parties.

Non-Treaty Standards:

AU Declaration on the Principles Governing Democratic Elections in Africa (2002)

AComHPR Guidelines on Access to Information and Elections in Africa (2017)

The African human rights protection system developed within the Organisation of African Unity (1963) then African Union (2001). As of July 2022, the African Union has 55 Member States: All African States, including South Sudan (2011) and Morocco (2017).

The OAU Charter (1963) was adopted in the post-colonial context and put a strong emphasis on sovereignty and non-interference, as demonstrated in Article II and III below. The OAU Charter makes no mention of human rights, and there was no human rights instrument before 1981.

The OAU Charter (1963)

Article II

1. The Organization shall have the following purposes:

(…) (d) To defend their sovereignty, their territorial integrity and independence;

Article III

The Member States, in pursuit of the purposes stated in Article II solemnly affirm and declare their adherence to the following principles:

• The sovereign equality of all Member States.
• Non-interference in the internal affairs of States.
• Respect for the sovereignty and territorial integrity of each State and for its inalienable right to independent existence.

In 1981, the African Charter on Human and Peoples’ Rights was adopted; it entered into force in 1986. It lists rights and also duties. The provision dealing with political participation is Article 13. In 2007, the African Union adopted the African Charter on Democracy Elections and Governance (ACDEG) as the main instrument setting democratic standards across the continent. It came into force in February 2012 and as of July 2022 had 36 State parties.

The African Charter also creates the African Commission on Human and Peoples’ Rights (1987, Banjul), with three main roles:

• Promoting human rights (in particular with special rapporteurs, thematic working groups, resolutions);
• Providing the authoritative interpretation of the charter;
• Protecting human rights through fact-finding missions, reporting from State parties, and consideration of communications from individuals and NGOs.

The competence of the Commission to examine communications does not require explicit State acceptance. Communications can be filed by direct victims, but also by any individual or organisation. In practice, most communications have been authored by NGOs (for example Interights).

The creation of the African Union (AU) has given a new impetus to the protection of human rights in Africa, as demonstrated in the Constitutive Act of the African Union (2000, 2001) by the inclusion of a reference to human rights in the objectives of the Union (Article 3) and a less absolute formulation of the principle on non-interference, which allows interference by the Union (Article 4).

During the same period, the AU adopted the Protocol to the African Charter on the Establishment of an African Court of Human and Peoples’ Rights (1998, 2004). As of July 2022 the protocol has 33 States parties. The Court sits in Arusha (Tanzania) and has been operational since 2006.

The Court has competence for delivering advisory opinions (Article 4) on any legal matter relating to the Charter or any other relevant human rights instruments, to any Member State, to the AU organs or any other “African organisation recognised by the AU”. The Court has established in 2017 that the term "organisation" used in Article 4 (1) of the Protocol covers both non-governmental organisations and inter-governmental organisations as long as they are ‘recognised by the AU.[1]

The Court may also receive cases through several channels (Article 5):

• By direct access / individual communications - only if the responding State has accepted the competence of the Court to receive direct petitions from individuals or NGOs;
• from the African Commission on Human and Peoples’ Rights;
• from the State party which had lodged a complaint to the commission; and
• from the responding State.

The enforcement of the Court’s judgements is under the responsibility of the African Union Executive Council (foreign affairs ministers) who shall ‘monitor the execution on behalf of the assembly’ (Article 29).

As regards the Court’s jurisprudence related to electoral rights, the Court clarified in the case of Tanganyika Law Society et al. v. Tanzania in June 2013, that: “the rights guaranteed under the Charter as stated in Article 13(1) are individual rights. They are not meant to be enjoyed only in association with some other individuals or group of individuals such as political parties” (paragraph 98); and that Article 27(2) of the Charter allows restrictions on the rights and freedoms of individuals only on the basis of the rights of others, collective security, morality and common interest. In its reasoning, the Court mentions the United Nation’s Human Rights Committee’s position on the matter in General Comment No. 25 and cites jurisprudence from the Inter-American Court of Human Rights.

Since then, the ACtHPR has handled a number of cases dealing with electoral issues and political rights, including independent candidates in the above-mentioned Tanganyika Law Society v. Tanzania, freedom of expression in Lohé Issa Konaté v. Burkina Faso in 2014, or the composition and functioning of EMBs in Actions pour la Protection des Droits de l’Homme v Côte d’Ivoire in 2016. Crucially, in the latter case the Court also determined that the 2007 African Charter on Democracy Elections and Governance (ACDEG) and the ECOWAS Protocol on Democracy and Governance were human rights instruments in the meaning of Article 3 of the Protocol, and that therefore it had jurisdiction to interpret and apply them.

It must be noted that in parallel, the AU Assembly adopted in 2008 a Protocol on the Statute of the African Court of Justice and Human Rights, designed to create a single court by merging the ACtHPR and the Court of Justice of the African Union (CJAU). As of July 2022, this new court was not established due to insufficient ratification of its protocol. 

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (1998-2004)

ACtHPR Protocol ratification status

Protocol on the Statute of the African Court of Justice and Human Rights (2008)

ACJHR Protocol ratification status

The Economic Community of West African States (ECOWAS) was established in May 1975 to promote trade, co-operation and self-reliance in West Africa. A revised ECOWAS treaty, designed to accelerate economic integration and to increase political co-operation, was signed in July 1993. The revised treaty designates the achievement of a common market and a single currency as economic objectives, while in the political sphere it envisages the creation of a West African parliament, an economic and social council and an ECOWAS Community Court of Justice (see below) to enforce Community decisions.

Within its regional security framework, the ECOWAS Member States signed in 2001 a Protocol on Democracy and Good Governance, supplementary to the protocol that established in 1999 the Mechanism for Conflict Prevention, Management and Resolution, Peacekeeping and Security. The supplementary protocol is considered as a tool which takes into account the deep-rooted political causes of conflict, instability and insecurity. ECOWAS has 15 member States.

The ECOWAS Community Court of Justice was formally established by a 1991 Protocol, but only became operational in 2001 and received its first case in 2004. Its mandate explicitly includes human rights violations in any Member State since the 2005 Supplementary Protocol amending the Protocol relating to the Community Court of Justice, which has also expanded its admissibility rule to include individual petitions. In this context, the Court has handled an increasing number of human rights cases, especially stemming from electoral processes in member States.

Treaty Standards

Protocol on Democracy and Good Governance Supplementary to the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security (2001-2008)

Ratification status of the Protocol on Democracy and Good Governance

Article 1

The following shall be declared as constitutional principles shared by all Member States: [...].

2. Every accession to power must be made through free, fair and transparent elections.
3. Zero tolerance for power obtained or maintained by unconstitutional means.
4. Popular participation in decision-making, strict adherence to democratic principles and decentralization of power at all levels of governance.
5. The armed forces must be apolitical and must be under the command of a legally constituted political authority; no serving member of the armed forces may seek to run for elective political. [...].

8. The rights set out in the African Charter on Human and Peoples’ Rights and other international instruments shall be guaranteed in each of the ECOWAS Member States.
9. Political parties shall be formed and shall have the right to carry out their activities freely, within the limits of the law. Their formation and activities shall not be based on ethnic, religious, regional or racial considerations. They shall participate freely and without hindrance or discrimination in any electoral process. The freedom of the opposition shall be guaranteed. Each Member State may adopt a system for financing political parties, in accordance with criteria set under the law.
10. The freedom of association and the right to meet and organize peaceful demonstrations shall also be guaranteed.
11. The freedom of the press shall be guaranteed. [...]

Article 2

1. No substantial modification shall be made to the electoral laws in the last six (6) months before the elections, except with the consent of a majority of Political actors.
2. All the elections shall be organized on the dates or at periods fixed by the Constitution or the electoral laws.
3. Member States shall take all appropriate measures to ensure that women have equal rights with men to vote and be voted for in elections, to participate in the formulation of government policies and the implementation thereof and to hold public offices and perform public functions at all levels of governance.

Article 3

The bodies responsible for organizing the elections shall be independent or neutral and shall have the confidence of all the political actors. Where necessary, appropriate national consultations shall be organized to determine the nature and the structure of the bodies.

Article 4

1. Each ECOWAS Member State shall ensure the establishment of a reliable registry of births and deaths. A central registry shall be established in each Member State.
2. Member States shall cooperate in this area with a view to exchanging experiences and where necessary providing technical assistance to each other in the production of reliable voters’ lists.

Article 5

The voters’ lists shall be prepared in a transparent and reliable manner, with the collaboration of the political parties and voters who may have access to them whenever the need arises.

Article 6

The preparation and conduct of elections and the announcement of results shall be done in a transparent manner.

Article 7

Adequate arrangements shall be made to hear and dispose of all petitions relating to the conduct of elections and announcement of results.

Article 8

Member States shall use the services of civil society organizations involved in electoral matters to educate and enlighten the public on the need for peaceful elections devoid of all acts of violence.

Article 9

The party and/or candidate who loses the elections shall concede defeat to the political party and/or candidate finally declared the winner, following the guidelines and within the deadline stipulated by the law.

Article 10

All holders of power at all levels shall refrain from acts of intimidation or harassment against defeated candidates or their supporters.

Article 20

[...]

Article 21

The armed and security forces personnel as citizens, shall be entitled to all the rights set out in the constitution, except as may be stated otherwise in their special regulations.

Article 22

1. The use of arms to disperse non-violent meetings or demonstrations shall be forbidden. Whenever a demonstration becomes violent, only the use of minimal and/or proportionate force shall be authorized.

Non-Treaty Standards

Declaration of Political Principles of the Economic Community of West African States (1991)

The Southern African Development Community was established in 1980, as a loose alliance of nine States in Southern Africa known as the Southern African Development Coordination Conference (SADCC), with the main aim of coordinating development projects in order to lessen economic dependence on the then apartheid South Africa. The transformation of the organisation from a Coordinating Conference into a Development Community (SADC) took place in 1992 with the adoption of the Declaration and Treaty Establishing the Southern Africa Development Community, which lists human rights, democracy and the rule of law among the founding principles agreed upon by the member States. The organisation furthers socio-economic cooperation and integration as well as political and security cooperation among 15 southern African countries.

The SADC Parliamentary Forum (SADC PF) has been particularly active in developing regional  standards, starting with the adoption of the Norms and Standards for Elections in the SADC Region in 2001, aimed at « strengthening electoral institutions, reforming outdated legal frameworks and electoral practices, and entrenching the democratic process in the conduct of elections (…) ». Following the adoption in 2003 of the Principles for Election Management, Monitoring and Observation (PEMMO) by the SADC Electoral Commissions Forum together with the Electoral Institute for Sustainable Democracy in Africa (EISA), the SADC PF adopted in 2004 and strengthened in 2015 the SADC Principles and Guidelines Governing Democratic Elections, which has served as a benchmark for election observation in the region. Finally, the SADC PF adopted a SADC Model Law on Elections in 2018 to assist member States in the domestication of the 2015 revised Principles and guidelines in their internal legal frameworks.

A SADC Tribunal was established under the 1992 SADC Treaty with competence, inter alia, to hear individual complaints on alleged human rights violations. It was inaugurated in 2005 but was suspended in 2010 and disbanded in 2012.

Treaty standards

SADC Protocol on Gender and Development (2008-2013)

Ratification Status

Article 13 Participation

1. States Parties shall adopt specific legislative measures and other strategies to enable women to have equal opportunities with men to participate in all electoral processes including the administration of elections and voting.
2. States Parties shall ensure the equal participation of women and men in decision making by putting in place policies, strategies and programmes for:
3. building the capacity of women to participate effectively through leadership and gender sensitivity training and mentoring;
4. providing support structures for women in decision-making positions;
5. the establishment and strengthening of structures to enhance gender mainstreaming; and
6. changing discriminatory attitudes and norms of decision making structures and procedures.

[...]

SADC Protocol against Corruption (2001-2006)

Ratification Status

Article 3 Acts of corruption

1. This Protocol is applicable to the following acts of corruption:

1. the solicitation or acceptance, directly or indirectly, by a public official, of any article of monetary value, or other benefit, such as a gift, favour, promise or advantage for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;
2. the offering or granting, directly or indirectly, by a public official, of any article of monetary value, or other benefit, such as a gift, favour, promise or advantage for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;
3. any actor omission in the discharge of his or her duties by a public official for the purpose of illicitly obtaining benefits for himself or herself or for a third party;

    

4. the diversion by a public official, for purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party of any movable or immovable property, monies or securities belonging to the State, to an independent agency, or to an individual, that such official received by virtue of his or her position for purposes of administration, custody or for other reasons.
5. the offering or giving, promising, solicitation or acceptance, directly or indirectly, of any undue advantage to or by any person who directs or works for, in any capacity, a private sector entity, for himself or herself or for anyone else, for him or her to act, or refrain from acting, in breach of his or her duties;
6. the offering, giving, solicitation or acceptance directly or indirectly, or promising of any undue advantage to or by any person who asserts or confirms that he or she is able to exert any improper influence over the decision making of any person performing functions in the public or private sector in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of the influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result;
7. the fraudulent use or concealment of property derived from any of the acts referred to in this Article; and

    

8. participation as a principal, co-principal, agent, instigator, accomplice or accessory after the fact, or in any other manner, in the commission or attempted commission of, in any collaboration or conspiracy to commit, any of the acts referred to in this Article. [...]

Article 4 Preventive measures

1. For the purposes set forth in Article 2 of this Protocol, each State Party undertakes to adopt measures, which will create, maintain and strengthen:

1. standards of conduct for the correct, honourable and proper fulfilment of public functions as well as mechanisms to enforce those standards;
2. systems of Government hiring and procurement of goods and services that ensure the transparency, equity and efficiency of such systems;
3. Government revenue collection and control systems that deter corruption as well as laws that deny favourable tax treatment for any individual or corporation for expenditures made in violation of the anti-corruption laws of the State Parties;
4. mechanisms to promote access to information to facilitate eradication and elimination of opportunities for corruption;
5. systems for protecting individuals who, in good faith, report acts of corruption;
6. laws that punish those who make false and malicious reports against innocent persons;
7. institutions responsible for implementing mechanisms for preventing, detecting, punishing and eradicating corruption;
8. deterrents to the bribery of domestic public officials, and officials of foreign States, such as mechanisms to ensure that publicly held companies and other types of associations maintain books and records which, in reasonable details, accurately reflect the acquisition and disposition of assets, and have sufficient internal accounting controls to enable the law enforcement agencies to detect acts of corruption;
9. mechanisms to encourage participation by the media, civil society and non-governmental organizations in efforts to prevent corruption; and
10. mechanisms for promoting public education and awareness in the fight against corruption.

2. Each State Party shall adopt such legislative and other measures under its domestic law to prevent and combat acts of corruption committed in and by private sector entities.

SADC Protocol on Culture, Information and Sport (2001-2006)

Ratification Status

Article 17 Objectives

In fulfillment of the principles of this Protocol, Member States agree to cooperate in the area of information in order to attain the following objectives:

1. Cooperation and collaboration in the promotion, establishment and growth of independent media, as well as free flow of information;
2. Strengthening Information Departments to be effective gatherers and disseminators of information and news; [...]
3. Taking positive measures to narrow the information gap between the rural and urban areas by increasing the coverage of the mass media, whether private, public or community-based;
4. Encouragement of the use of indigenous languages in the mass media as vehicles of promoting local, national and regional inter-communication;
5. Ensuring the media are adequately sensitised on gender issues so as to promote gender equality and equity in information dissemination.

Article 18 Information policies

1. Member States agree to establish and strengthen the institutional framework for the implementation of information policies.
2. Member States agree to create political and economic environment conducive to the growth of pluralistic media.

Article 20 Freedom of the media

State Parties shall take necessary measures to ensure the freedom and independence of the media.

Non-treaty standards

SADC Principles and Guidelines Governing Democratic Elections (Revised) (2015)

SADC Model Law on Elections (2018)

Other initiatives:

Principles for Election Management, Monitoring, and Observation (PEMMO) (2003)