As the third Unwanted Witness Privacy Moot Court Competition counts down, excitement is building in the heart of East Africa. The event, which is scheduled to start in September this year is anticipated to be a turning point for law students from universities throughout Kenya and Uganda as they pursue legal education.
Teams are hard at work preparing their arguments and tactics as preparations are well underway. Daystar University, ICJ-Kenya, AF Mpanga, Unwanted Witness, and IUIU working together highlights how serious this incident is. Not only is it a moot court competition, but it’s also a forum to discuss important concerns about voter privacy in democratic systems.
This year’s competition is extremely important, with the theme being “Safeguarding Electoral Integrity: Upholding Voter Privacy in Democratic Processes.” It displays the peoples’ common goal of holding transparent, equitable elections in which every voter’s right to privacy is upheld.
As usual students analyze historical decisions and international treaties as they delve deeply into legal principles in lecture rooms and study groups. However the competition’s hypothetical example will spark spirited discussions on voter registration and authentication using biometric technologies. The discussion is to become even more nuanced when data protection rules, security precautions, and ethical standards are brought up.
The 3rd Unwanted Witness Privacy Moot Court Competition 2024 hypothetical case raises several key legal issues, including:
Does the utilization of biometric technology in voter registration and authentication infringe upon citizens’ right to privacy? How does the collection and storage of biometric data align with existing data protection laws and international privacy standards?
What measures are in place to ensure the security and confidentiality of the collected biometric data? Are there safeguards against potential data breaches or misuse by unauthorized parties?
Do the election management bodies and associated political entities adhere to fair and lawful practices in accessing and utilizing voters’ personal data? Are there mechanisms in place to prevent exploitation or manipulation of such data for political gain?
What regulatory framework or oversight mechanisms exist to hold the Electoral Commission and collaborating entities accountable for maintaining the ethical standards of data usage? Is there transparency in how the data is accessed and utilized by various stakeholders?
Chief Legal and Programs Officer at Unwanted Witness, Mr. Sempala Allan Kigozi, while addressing the media at IUIU on Wednesday spoke on the theme’s importance and emphasized how crucial voter privacy is to preserving democracy’s fundamentals. Ms. Julie Matheka, Program Manager at ICJ-Kenya for Democratic Governance and Rule of Law, sympathized with his remarks and reaffirmed their dedication to promoting a fair and just society.
Registration will open on April 4th-19th for universities that are interested. Kigozi did stress that not all candidates will move further, though, as each team will have to go through stringent due processes.
Previous Unwanted Moot Court events permitted representatives from each of the university’s branches. Nevertheless, regardless of the quantity of branches any university has, only one team will represent each university in this third season.
The competition will kick off with a pre-moot conference for stakeholders at Daystar University Nairobi Campus on 12th September, 2024, setting the stage for a series of preliminary rounds. Ugandan teams will compete in Kampala on September 16, 2024, while Kenyan teams will face off in Nairobi on September 13, 2024.
The top four universities from each country will advance to the quarter-finals, scheduled to take place in Nairobi on September 19, 2024. The grand finale, featuring the semi-finals and finals, will culminate on September 20, 2024, at Daystar University Nairobi Campus.
“We’re not simply playing out legal arguments in this competition; we’re also educating the people of Kenya and Uganda about privacy issues with electoral legislation. Why am I getting SMS or calls requesting votes? How did they get hold of my phone number? Is this known to the Uganda Communications Commission (UCC)? Before the next election, these are the issues that must be resolved. We hope to develop attorneys who are well informed about privacy rules in the area through this theme,” said Kigozi.
Lawyer Brian Kalule from AF Mpanga, who will be among the judges in the preliminary rounds in Uganda, welcomed Unwanted Witness’s initiative in organizing Moot Court competitions focused on Privacy. He emphasized that privacy is becoming increasingly sensitive every day and requires lawyers knowledgeable about the subject.
“This Moot Court competition serves as a breeding ground for future experts in privacy law. I urge all participants to believe in their arguments and themselves. Preparation is the master key to success in everything,” he said.
Counsel Hassan Ssenyondo, Deputy, Dean School of Law at IUIU the defending champions who are going to host the preliminary rounds for Ugandan participants alluded that his university is happy and more than ready to host this year’s Moot competition. He also encouraged the students at IUIU school of law to participate. “This is a chance given to students to exhibit their skills in practicing law. At IUIU we have more than enough facilities to host these competitions here.”
In all preliminary rounds both in Uganda and Kenya participants will be urging their points before senior counsels while at the final which will take place in Kenya participants will argue their point before senior judges.
Meanwhile in this year’s competition, champions will not only claim a prestigious trophy but also receive a cash prize of $1,000 and a fully paid trip to attend the 6th Privacy Symposium Africa. The competition underscores the critical role of privacy in safeguarding democratic principles and underscores the commitment of both Unwanted Witness and ICJ-Kenya to advancing human rights and justice in the region.
Second Place ($500, a trophy, and certificates), Best Overall Oralist (An accolade and a certificate), Best written submissions for the Applicant (certificates), Best written submissions for the Respondent (certificates), Best written submissions for the Respondent (certificates) and Each participant will get a certificate of participation.
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