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General Elections 2024: African Forum of Lawyers Urges African Union Not to Recognise New Government

General Elections 2024: African Forum of Lawyers Urges African Union Not to Recognise New Government

The Pan-African Lawyers Union (PALU) has submitted a formal communication to the African Commission on Human and Peoples’ Rights, denouncing alleged human rights violations and irregularities in the 2024 general elections in Mozambique.

During a virtual press conference attended by Diário Económico this Tuesday (14), the organisation revealed that it had asked the African Union (AU) and the Southern African Development Community (SADC) to intervene in the case and not recognise the new government led by Daniel Chapo.

The executive director of PALU, Don Deya, explained that the request was made as a matter of urgency, with the aim of stopping the inauguration of the President-elect. ‘We have submitted this case to the African Commission on Human and Peoples‘ Rights in Banjul, Gambia, and have asked it to urgently refer it to the African Court on Human and Peoples’ Rights, based in Arusha, Tanzania,’ he said.

He also stressed that the organisation represents a wide range of Mozambican activists and electoral observation coalitions that have collected evidence documenting ‘multiple violations of electoral law, the Constitution and human rights.’

PALU believes that the current political situation in the country calls for immediate measures on the part of African institutions to avoid a worsening of the crisis.

‘We know that international courts don’t operate quickly, but there are mechanisms for adopting provisional and urgent measures,’ said Don Deya, adding that the non-recognition of a government by the African Union ’has direct implications for its legitimacy and functioning.’

Don Deya – executive director of the Pan-African Lawyers Union

The organisation also revealed that it has asked the African Commission to communicate the case to the highest bodies of the African Union, namely the President of the Assembly of Heads of State and Government, the Peace and Security Council and the Executive Council. PALU also called on SADC to ‘actively engage with Mozambican political actors and civil society, guaranteeing a democratic and stable future for the country.’

During the press conference, Don Deya warned of the risks of impunity in the face of reports of repression against demonstrators and activists. ‘In a context where the security forces and the police are sometimes part of the problem and not part of the solution, it is essential that there are international accountability mechanisms,’ he said.

PALU argues that both the African Commission and the African Court can order investigations into the post-election events and hold the perpetrators accountable for any abuses.

The executive director emphasised that this is a process that could take years, but that PALU is prepared for a protracted struggle. ‘There are no guarantees of immediate success, but there are no guarantees of failure either. What we do know is that if there is political will, significant changes are possible, as the cases of Kenya and Gambia demonstrate,’ he said, citing previous interventions by the African Union that resulted in constitutional reforms and forced political transitions.

The post-election tension in the country continues to grow, with a new announcement to extend the peaceful demonstrations for another week. The opposition candidate, Venâncio Mondlane, called on Tuesday for the continuation of the protests, which had been called for on Saturday (11) and started on the 13th, with an initial forecast of ending on 15 January. According to Mondlane, the demonstrations will remain active in different neighbourhoods and regions of the country.

“We are fighting both electoral fraud and the violence that has marked the electoral process.This may be the only space to bring the truth to light and ensure that those responsible are held to account”

Pan African Lawyers Union (PALU)

Since the beginning of the contestation of the election results, the protests have been marked by episodes of violence and repression. According to civil society organisations, at least 613 people have been shot and 4220 arrested, including two on Monday (12) in the city of Maputo.

Protests increased after the Constitutional Council validated the victory of Daniel Chapo, who won 65.17 per cent of the votes, while Venâncio Mondlane won 24.19 per cent. Chapo’s investiture ceremony is scheduled for this Wednesday (15), in an atmosphere of strong social and political protest.

PALU warns that this scenario of repression further aggravates the need for intervention by the African Union and other international organisations. ‘We are fighting both electoral fraud and the violence that has marked the electoral process. This may be the only space to bring the truth to light and ensure that those responsible are held to account,’ said Don Deya.

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The Pan-African Lawyers Union (PALU) is a continental organisation that brings together bar associations, law societies and legal professionals from across Africa. Based in Arusha, Tanzania, PALU’s mission is to promote the rule of law, democracy and human rights on the continent, intervening in cases of international relevance before the African Court on Human and Peoples‘ Rights and the African Commission on Human and Peoples’ Rights.

Text: Felisberto Ruco

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