African Commission to act on reports of violations of freedom of expression

The African Commission on Human and Peoples Rights (ACHPR) Special Rapportuer 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 Rapportuer 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.

Rashweat Mukundu
Programme Specialist: Media Monitoring and Research
Media Institute of Southern Africa (MISA) Regional Secretariat
Private Bag 13386
21 Johann Albrecht Street
Windhoek
Tel: +264 61 232975
Mobile: + 264 81 367 5362

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