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Declaration
of Principles on Freedom of Expression in Africa
African Commission
on Human & Peoples' Rights, African Union
Adopted by The African Commission on Human and Peoples' Rights,
meeting at its 32nd Ordinary Session, in Banjul, The Gambia, from
17-23 October 2002
Preamble
Reaffirming
the fundamental importance of freedom of expression as an individual
human right, as a cornerstone of democracy and as a means of ensuring
respect for all human rights and freedoms;
Reaffirming
Article 9 of the African Charter on Human and Peoples’ Rights;
Desiring
to promote the free flow of information and ideas and greater
respect for freedom of expression;
Convinced
that respect for freedom of expression, as well as the right
of access to information held by public bodies and companies, will
lead to greater public transparency and accountability, as well
as to good governance and the strengthening of democracy;
Convinced
that laws and customs that repress freedom of expression are
a disservice to society;
Recalling
that freedom of expression is a fundamental human right guaranteed
by the African Charter on Human and Peoples’ Rights, the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, as well as other international
documents and national constitutions;
Considering
the key role of the media and other means of communication in
ensuring full respect for freedom of expression, in promoting the
free flow of information and ideas, in assisting people to make
informed decisions and in facilitating and strengthening democracy;
Aware of
the particular importance of the broadcast media in Africa, given
its capacity to reach a wide audience due to the comparatively low
cost of receiving transmissions and its ability to overcome barriers
of illiteracy;
Noting that
oral traditions, which are rooted in African cultures, lend themselves
particularly well to radio broadcasting;
Noting the
important contribution that can be made to the realisation of the
right to freedom of expression by new information and communication
technologies;
Mindful of
the evolving human rights and human development environment in Africa,
especially in light of the adoption of the Protocol to the African
Charter on Human and Peoples’ Rights on the establishment of an
African Court on Human and Peoples’ Rights, the principles of
the Constitutive Act of the African Union, 2000, as well
as the significance of the human rights and good governance provisions
in the New Partnership for Africa’s Development (NEPAD); and
Recognising
the need to ensure the right to freedom of expression in Africa,
the African Commission on Human and Peoples’ Rights declares that:
- The
Guarantee of Freedom of Expression
- Interference
with Freedom of Expression
- Diversity
- Freedom
of Information
- Private
Broadcasting
- Public
Broadcasting
- Regulatory
Bodies for Broadcast and Telecommunications
- Print
Media
- Complaints
- Promoting
Professionalism
- Attacks
on Media Practitioners
- Protecting
Reputations
- Criminal
Measures
- Economic
Measures
- Protection
of Sources and other journalistic material
- Implementation
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