The ECOWAS Court of Justice has ruled that Senegal violated its citizens’ rights to freedom of expression, access to information, and the right to work through internet shutdowns in June and July 2023. The case was brought by the Association des Utilisateurs des Technologies de l’Information et de la Communication (ASUTIC) and IT consultant Ndiaga Gueye. The applicants alleged that the Senegalese government arbitrarily restricted internet access and blocked mobile data and social media platforms, violating their fundamental human rights. The Republic of Senegal defended the shutdowns, citing public order and national security concerns.
The Court found that the claims of both applicants concerning freedom of expression and access to information were admissible, while Mr. Gueye’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. The Court also accepted Mr. Gueye’s claim that the internet shutdown negatively impacted his professional activities as an IT consultant, violating Article 15 of the African Charter and Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).