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AU
urged to establish Protocol on Freedom of Expression
NGOs Forum
November 09, 2008
The African
Union (AU) should seriously consider establishing an additional
Protocol to foster greater effect and meaning to the African Charter
on Human and Peoples Rights' article on freedom of expression
so as to forestall the enactment of repressive media and freedom
of expression laws by member states.
In a resolution
adopted at the end of the NGOs Forum Participation in the 44th Session
of the African Commission on Human and Peoples Rights in Abuja,
Nigeria on 9 November 2008, delegates noted the existence of repressive
legislation such as the Access
to Information and Protection of Privacy Act (AIPPA) and Broadcasting
Service Act (BSA) in Zimbabwe.
In its report
to the Forum before the adoption of the resolution, the special
interest group on freedom of expression recommended that the AU
should involve the Commission and civic society organisations in
the drafting of the envisaged protocol adding that a legally binding
instrument in the form of a protocol would instil greater respect
for freedom of expression.
The group said
the AU should do everything it its power to ensure that the Commission's
Special Rapporteur on Freedom of Expression is given all the necessary
support and means to fulfil her mandate especially where it relates
to receiving information and conducting investigations on violations
of freedom of expression; as well as in initiating dialogue with
states to sensitise them to implement relevant provisions of United
Nations and African Union.
Statutory regulation,
restrictive media laws, lack of political will to respect the rule
of law and the existence of dictatorial governments were cited as
the major obstacles to the exercise and enjoyment of freedom of
expression rights in a number of African countries. In its report
the group noted with concern the deteriorating media and freedom
of expression situation in Gambia, Swaziland, Senegal, Niger and
Nigeria.
It was noted
that in Zimbabwe which did not have a constitutional provision that
explicitly guarantees media freedom, the authorities continued to
use legislation such as AIPPA which imposes statutory media regulation
to harass, arrest, detain and bar journalists from covering important
national events in violation of the Banjul Declaration on the Principles
of Freedom of Expression in Africa which states that self-regulation
is the best system of instilling professionalism in the media.
Below is the
full text of the Resolution for the adoption of an Additional Protocol
to the African Charter of the Human and Peoples' Rights on
Freedom of Expression:
- Considering
that article 66 of the African Charter on Human and Peoples'
Rights allows for the adoption of protocols or particular agreements
to complement the provisions of the charter where necessary;
- Considering
that articles 60 and 61 of the African Charter on Human and Peoples'
Rights recognise regional and international instruments relating
to human rights and the African practices which conform to the
standards of international Human and Peoples' rights as
important principles of reference for the application and the
interpretation of the African Charter;
- Considering
that article 9 of the African Charter on Human and Peoples'
Rights guarantees the freedom of expression;
- Considering
that the Declaration of the Principles on Freedom of Expression
in Africa proclaims that the freedom of expression is "a
fundamental right" which includes "the right to receive
information and express opinions";
- Considering
the importance of freedom of expression and its direct link with
other fundamental freedoms;
- Considering
numerous violations of freedom of expression in Africa;
- Concerned
by the growing impunity whose authors benefit from the violations
of the freedom of expression in Africa;
- Considering
the restrictive interpretation of Article 9 of the African Charter
on Human and Peoples' rights made by States;
- Convinced
that only a legal and binding instrument is likely to guarantee
a better respect of the freedom of expression;
The Forum for
the participation of the NGO to the 44th Session of the African
Commission for Human and Peoples' Rights
Ask State parties
to the African Charter on Human and Peoples' Rights to ratify
and adapt to their national laws the most important international
and regional instruments related to freedom of expression;
- Ensure that
Freedom of Expression is a permanent key point for the examination
of the periodic reports submitted by States to the Commission
- Provide
the Special Rapporteur of the African Commission on Human and
Peoples' Rights on Freedom of Expression all the necessary
means to accomplish her mandate particularly to receive information,
conduct studies and investigations, initiate dialogue with states
and sensitize them to implement the United Nations and African
Union's provisions as well as submit reports and recommendations
to the Commission
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