ECOWAS COURT FINDS SENEGAL IN VIOLATION OF FREEDOM OF EXPRESSION AND RIGHT TO WORK OVER INTERNET SHUTDOWNS

Lagos, 14 May 2025: The ECOWAS Court of Justice has ruled that the Republic of Senegal violated the rights to freedom of expression, access to information, and the right to work through the shutdown of internet services and social media platforms in June and July 2023. The case No. ECW/CCJ/APP/37/23 was brought by the Association des Utilisateurs des Technologies de l’Information et de la Communication (ASUTIC) and Mr. Ndiaga Gueye, an IT consultant and President of the association.

Case Background

The Applicants alleged that, in response to protests following the conviction of opposition leader Mr. Ousmane Sonko, the Senegalese government, through its Ministries of the Interior and Communication, arbitrarily restricted access to the internet and blocked mobile data and social media platforms. They claimed that these actions violated their fundamental human rights, including freedom of expression, right to access information, right to assembly, and the right to work.

The Republic of Senegal defended the shutdowns, citing public order and national security concerns due to the dissemination of allegedly subversive messages.

Findings of the Court

The Court found that it had jurisdiction over the human rights claims.  On admissibility, the claims of both Applicants concerning freedom of expression and access to information were found admissible by the Court.  Mr. Gueye’s claims regarding the right to work and assembly were also deemed admissible. However, ASUTIC’s claims regarding the right to work, and assembly were dismissed as inadmissible.

The Court reaffirmed that access to the internet and social media is an essential derivative of the right to freedom of expression and information. It held that Senegal’s actions were not based on clear legal grounds, failed to meet the test of legitimacy and proportionality, and thus violated Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

The Court also accepted Mr. Gueye’s claim that the internet shutdown negatively impacted his professional activities as an IT consultant, thereby violating Article 15 of the African Charter and Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

However, the Court determined that Mr. Gueye failed to provide sufficient evidence to support his claim of a violation of his right to freedom of assembly and therefore dismissed that claim.

Court Decision

In its final ruling, the Court:

  • Declared the internet and social media shutdowns unlawful and a violation of the Applicants’ rights to freedom of expression and information.
  • Declared the shutdowns a violation of Mr. Gueye’s right to work.
  • Awarded 250,000 CFA francs each to ASUTIC and Mr. Gueye as compensation for the violation of their rights to freedom of expression and information.
  • Awarded an additional 250,000 CFA francs to Mr. Gueye for the violation of his right to work.
  • Ordered Senegal to refrain from imposing unlawful or arbitrary internet restrictions in the future.

Judicial Panel

The judgment was rendered by a panel comprising:

  • Hon. Justice Sengu Mohamed Koroma (Presiding Judge )
  • Hon. Justice Dupe Atoki (Member)
  • Hon. Justice Edward Amoako Asante (judge Rapporteur)