Abstract:
This article assesses decisions of domestic courts in Africa on the right of
prisoners to vote. Although there is an increasing recognition of this right
to vote at national level, it is difficultto talk of such a ‘right’ at the
international, or African level. Nevertheless, it appears from the decisions
of international and regional tribunals that international human rights law is
not in favour of automatic and indiscriminate criminal disenfranchisement
laws. Some courts in Africa have played an active role in enfranchising
prisoners. Yet, the overwhelming majority of African countries continue to
exclude prisoners from elections. A decision at the African level, either by
the African Commission on Human and Peoples’ Rights, or by the African
Court on Human and Peoples’ Rights, can contribute to clarifying the status
of the right of prisoners to vote in the African human rights system. Human
rights NGOs should, therefore, identity and submit a suitable test case to the
commission, and if possible to the court. This article recommends that the
African Commission should submit an application requesting the advisory
opinion of the African Court on the issue of criminal disenfranchisement
with its diverse manifestations.
