AU urged to establish Protocol of Expression

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;

1. Ensure that Freedom of Expression is a permanent key point for the examination of the periodic reports submitted by States to the Commission
   
2. 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 sensitise them to implement the United Nations and African Union's provisions as well as submit reports and recommendations to the Commission.