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Africa Conference on Freedom of Expression - Conference Statement
Africa Conference on Freedom of Expression
February 20, 2004

Introduction:
The Africa Conference on Freedom of Expression was organised by the African Commission on Human and Peoples’ Rights in collaboration with ARTICLE 19, Media Institute for Southern Africa and Media Foundation for West Africa with support from the Foreign and Commonwealth Office and the Open Society Initiative for Southern Africa from 19-20 February 2004, in Pretoria, South Africa.

The Conference brought together representatives from Member States, intergovernmental organisations, national human rights institutions, academia, national media regulatory bodies, human rights and media advocacy NGOs, and media representatives.

A main objective of the Conference was to raise awareness about the Declaration of Principles on Freedom of Expression in Africa and other international standards relating to freedom of expression. In addition, the Conference discussed the activities of the African Commission on Human and Peoples’ Rights, with a view to enhancing its capacity to promote and protect this key human right.

General Observations:
The Conference affirms the importance of freedom of expression as a fundamental human right, as reflected in the Preamble of the Declaration of Principles on Freedom of Expression in Africa. We welcome the Declaration as an important statement of minimum standards of respect for freedom of expression and as an important elaboration of Article 9 of the African Charter on Human and Peoples’ Rights.

The Conference notes the central role played by inter-governmental organisations in promoting and protecting human rights and, in particular, the importance of the African Commission on Human and Peoples’ Rights in enhancing respect for freedom of expression. At the same time, we are cognisant of the resource limitations facing the African Commission, which inhibit its ability to achieve its goals. Furthermore, we note the need for a specialised mechanism to focus on freedom of expression.

We recall that Member States are under an obligation to ensure respect for the rights recognised by the African Charter on Human and Peoples’ Rights and to support the African Commission in its work to guarantee implementation of the Charter. We note that despite recognition of the right to freedom of expression in the Charter and in most national constitutions, gross abuses of this right continue to take place in practice in many countries in Africa.

Recommendations:

The Conference recommends the following:

The African Commission on Human and Peoples’ Rights should:

• create an effective, independent specialised mechanism for promoting and protecting freedom of expression; and
• continue to promote and disseminate widely the Declaration of Principles on Freedom of Expression in Africa.

Member States should:

• undertake a comprehensive review of their legislation and practice to ensure that they meet the standards set out in the Declaration;
• ensure wide dissemination of the Declaration, including in national languages;
• support the establishment and functioning of the specialised mechanism for freedom of expression;
• respect the provisions of the Charter, including in relation to the appointment of members of the African Commission; and
• ratify the Protocol to the African Charter on Human and Peoples’ Rights for the Establishment of the African Court of Human and Peoples’ Rights.

Civil society, the media and other actors should:

• widely disseminate the Declaration and incorporate it actively into their ongoing advocacy, lobbying, legal and other work; and
• participate in and support the work of the African Commission, including by bringing to its attention instances of abuse of the right to freedom of expression.

The Reports that were adopted by the Working Groups, attached to this Statement, provide further elaboration of these recommendations.

For more information
Contact: Fatou Jagne
Africa Programme Officer
ARTICLE 19
Tel: + 27 11 403 14 88
Email: fatou@article19.org.za

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