Guinea / Internet Shutdown and Social Media Restrictions : ECOWAS Court of Justice Reacts

It is another case that Guinea has lost before the ECOWAS Court of Justice. Pursued by non-governmental organizations (NGOs) advocating for human rights for « violation of human rights ». These rights particularly pertain to the right to information and the right to freedom of expression.

The NGOs that brought this case before the ECOWAS Court of Justice invoked the violation by the Guinean state of Articles 9, paragraphs 1 and 2, of the ACHPR (African Charter on Human and Peoples’ Rights), the violation of Articles 19, paragraph 2, of the ICCPR (International Covenant on Civil and Political Rights), and the violation of Articles 66, paragraph 2, point C, of the Revised ECOWAS Treaty. These violations date back to October 2020 and result from the internet shutdown and social media restrictions imposed by the authorities at the time (the Alpha Condé regime) on the Guinean national territory.

The Guinean state did not defend itself in this procedure, despite notifications being sent through the State’s Attorney. However, this did not prevent the Court from ruling and issuing a « default judgment » in this case. In its verdict, the Court declared the Guinean state guilty of violating the rights of the complainants (the NGOs that filed the complaint) to information and freedom of expression.

This decision was published in Guinea at a time when the state is tightening control over the media and restricting social media. Since November 24, the frequencies of several radios have been jammed, television channels have been removed from the shops of image providers (Canal+ and Startimes), and social media is inaccessible without a VPN.