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African
Commission to act on reports of violations of freedom of expression
MISA-Zimbabwe
May 18, 2009
The African Commission
on Human and Peoples Rights (ACHPR) Special Rapporteur on Freedom
of Expression and Access to Information in Africa Advocate Pansy
Tlakula says she is working on reports of violations of freedom
of expression by several African countries including Zimbabwe.
In her activity report
to the 45th Ordinary Session of the ACHPR in Banjul, The Gambia,
on 17 May 2009, Advocate Tlakula said she had received reports of
the continued application of criminal defamation laws against journalists,
closure of independent television and radio stations, murder, harassment
and threats against journalists from the Democratic Republic of
Congo, Niger, Cote d' Ivoire, Zimbabwe, Cameroon, Sierra Leone,
Tunisia and Liberia.
"The Special Rapporteur
is in the process of bringing the details of these allegations to
the attention of the States Parties concerned and is looking forward
to receiving responses from these States Parties," she said.
She reminded
States Parties that the African Charter does not permit derogation
from any of its provisions unlike is the case with other international
human right instruments. " Accordingly, States Parties have
an obligation to uphold at all times the provisions of Article 9
of the African
Charter and the Declaration of Principles of Freedom of Expression
in Africa which supplements it irrespective of circumstances such
as armed conflict, civil unrest or any other form of emergency that
may exist in States Parties," said Advocate Tlakula.
"Freedom of expression
should not be restricted on public order or national security grounds
unless there is a real risk of harm to legitimate interest and there
is a close causal link between the risk of harm and the expression."
Principle XI (1) and
(2) of the Declaration of Principles on Freedom of Expression in
Africa states that murder, kidnapping, intimidation of and threats
to media practitioners and others exercising their right to freedom
of expression including material destruction of communications facilities,
undermines independent journalism, freedom of expression and the
free flow of information to the public.
In terms of the provisions,
governments have an obligation to take effective measures to prevent
such attacks, investigate them when they occur, punish perpetrators
as well as ensuring that victims have access to effective remedies.
On the continued existence
and application of criminal defamation laws, she said State Parties
should repeal or amend any related laws and that any laws on defamation
should conform with Principle XII of the Declaration on Principles
of Freedom of Expression in Africa which provides:
1. No one should be
found liable for true statements, opinions, or statements regarding
public figures which it is reasonable to make in the circumstances.
2. Public figures shall be required to tolerate a greater degree
of criticism
3. Sanctions should not be so severe as to inhibit the right to
freedom of expression, including by others.
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