Resolution on the Adoption of an Additional Protocol to the African Charter on Human and Peoples’ Rights on the Freedom of Expression
We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,
Considering that article 66 of the African Charter on Human and Peoples’ Rights provides for the adoption of protocols and special agreements where necessary to supplement the provisions of the Charter;
Considering that articles 60 and 61 of the African Charter on Human and Peoples’ Rights recognize the regional and international human rights instruments and African practices in accordance with international human and peoples’ rights standards as important reference principles for the enforcement and interpretation of the African Charter;
Considering that article 9 of the African Charter on Human and Peoples’ Rights guarantees the freedom of expression;
Considering the Declaration of Principles on the freedom of expression in Africa which proclaims that freedom of expression is ‘a fundamental right’ and includes ‘the right to receive information and express one’s opinions’;
Considering the importance of the freedom of expression and its direct relation to other fundamental freedoms;
Considering the numerous violations of the freedom of expression in Africa;
In the face of the increasing impunity enjoyed by the authors of violations of the freedom of expression in Africa;
Considering the restrictive interpretation by States of article 9 of the African Charter on Human and Peoples’ Rights;
Convinced that only a binding legal instrument can guarantee greater respect of the freedom of expression;
The Forum is asking the ACHPR to adopt a resolution:
1. Asking States Parties to the African Charter on Human and Peoples’ Rights to ratify and domesticate the main international and regional instruments on the freedom of expression;
2. Asking the authorities of the African Union to present an additional protocol to the African Charter on Human and Peoples’ Rights on the freedom of expression in Africa at the next Summit of Heads of States of the African Union;
3. To involve civil society organisations, particularly those involved in protecting the freedom of expression in Africa, in the drafting of the protocol by the African Commission on Human and Peoples’ Rights.
Done in Abuja, November 9th, 2008
