Can African States Conduct Free and Fair Presidential Elections?
![handle is hein.journals/jihr8 and id is 123 raw text is: Copyright 2010 by Northwestern University School of Law Volume 8, Issue 2 (Spring 2010)
Northwestern Journal of International Human Rights
Can African States Conduct Free and Fair
Presidential Elections?
Edwin Odhiambo Abuya*
Asiyekubali kushindwa si msihindani.1
I. INTRODUCTION
1 Can African States hold free and fair elections? To put it another way, is it possible
to conduct presidential elections in Africa that meet internationally recognized standards?
These questions can be answered in the affirmative. However, in order to safeguard
voting rights, specific reforms must be adopted and implemented on the ground. In
keeping with international legal standards on democracy,2 the constitutions of many
African states recognize the right to vote.3 This right is reflected in the fact that these
states hold regular elections. The right to vote is fundamental in any democratic state, but
an entitlement does not guarantee that right simply by providing for elections. The crucial
issue is the extent to which these elections meet national and international legal
standards.
2 Although most African states recognize voting rights in theory, an examination of
what states do in practice paints a different picture. It shows that the process faces several
challenges as a result of human interference. Accordingly, this paper evaluates some of
the institutional and legal reforms that African states could adopt to prevent voter fraud in
presidential elections, and thereby promote democracy and the rule of law across the
continent. This paper focuses on the recent presidential elections in Kenya in 2007 and
* Senior Lecturer, Department of Law, Nairobi University (edwinabuya@yahoo.co.uk). This paper was
completed when the author was a Post Doctoral Fellow at the University of Witwatersrand in South Africa.
Thanks to Elizabeth Murage, Dulo Nyaoro, Jorgen Elklit, and Christopher Odhiambo for their useful
suggestions on an earlier draft of this article, as well as to Marsha Mavunkel, Abby Golin, and July
Simpson for excellent research assistance. A note of gratitude goes to Nancy Meza and Sarah Muringa for
their assistance with some of the research materials. A special note of gratitude goes to Vdronique Gindrey
for facilitating the three field trips to Zimbabwe. Comments by seminar participants from Bradford
University (May 2009), University of Wits School of Law (August 2009), Trinity College in Dublin (April
2009), and the Rdseau des Constitutionnalistes Africains conference in Cape Town (August 2009), where
parts of this article were presented, are also appreciated. Thanks are also due to those who shared their
views with the author. This paper is dedicated to victims of electoral violence in Africa.
1 He who does not admit defeat is not a sportsman (Swahili) (translation by author).
2 See African (Banjul) Charter on Human and Peoples' Rights, art. 13, 1, adopted June 27, 1981, O.A.U.
Doc. CAB/LEG/67/3 rev. 5; Convention on the Rights of Persons with Disabilities, art. 29, Dec. 6, 2006,
660 U.N.T.S 195; International Covenant on Civil and Political Rights arts. 23, 25, adopted Dec. 16, 1966,
999 U.N.T.S 171 [hereinafter ICCPR]; International Convention on the Elimination of All Forms of Racial
Discrimination, art. 5(c), Dec. 21, 1965, 660 U.N.T.S 195. For international legal standards concerning
democracy, see Universal Declaration of Human Rights, G.A. Res 217(A), arts. 8, 21, 22, U.N. GAOR, 3d
Sess., 1st plen. mtg., U.N. Doc A/810 (Dec. 12, 1948) [hereinafter UDHR].
3 See, e.g., TANz. CONST. art. 5 (1977); UGANDA CONST. art. 59 (1995); ZAMBIA CONST. (Constitution Act
1991) art. 113(e); ZIMB. CONST.art. 61(4) (1979).](ViewImageLocal?handle=hein.journals/jihr8&div=9&collection=journals&method=preview&ext=.png&size=3)
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Can African States Conduct Free and Fair Presidential Elections?
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