Resolution on Freedom of Expression and Protection of Journalists
We, Participants at the NGO Forum in preparation of the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights; from 7th – 9th Nov. 2010, in Banjul, The Gambia,
Considering that the situation of freedom of expression in Africa drastically deteriorated in 2010;
Considering that article 9 of the African Charter on Human and Peoples’ Rights guarantees 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 Declaration of Principles on the Freedom of Expression in Africa which provides that states shall review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society;
Considering the importance of freedom of expression and its direct relation to other fundamental freedoms;
Recognizing the increasing momentum of the movement of freedom of expression community in Africa;
Considering the role of the media and journalists in promoting the right to free expression and expanding the boundaries of free speech;
Deeply concerned about:
- Increased and continued killings of journalists and associated media personnel in Africa, particularly in Somalia, Nigeria, Angola, Uganda and the Democratic Republic of Congo.
- The diminishing independence of the judiciary and its detrimental consequences on Freedom of Expression (FOE) and media rights in many African Countries, particularly in Tunisia, The Gambia, Burundi, Uganda and the Democratic Republic of Congo;
- The existence, continuous enactment and use of repressive media laws such as false news, seditious libel, criminal defamation, emergency and terrorism laws in many African countries, including the protection of information and privacy laws in South Africa;
- The increasing pressure on journalists to disclose their source of information;
- The emerging and sophisticated tactics used by governments to repress free expression and the rights of media practitioners such as pressure exerted on media owners and editors;
- The deteriorating state of freedom of expression and of the press in Tunisia, particularly the worsening health of imprisoned journalist Fahem Boukaddous who is at the verge of death.
Condemning in the strongest terms possible:
- The harassments, threats, intimidations, arbitrary arrests, illegal detentions, kidnapping, beatings, jailing and censorship of journalists particularly in Eritrea, Egypt, The Gambia, Togo, Cameroon, Tunisia, Burundi, Democratic Republic of Congo, Uganda, Nigeria, Zimbabwe and Somalia;
- The attempt by the South African Government to create a statutory media regulatory body as well as the Protection of Information Bill which if passed without amendments will have excessive punitive measures for anyone found in possession of classified information.
Supporting:
- Existing self-regulatory bodies and any other initiatives to set up such bodies in African Union member states according to Article 9 of the Banjul Declaration on Freedom of Expression;
Commending:
- The African Union Commission (AUC) in cooperating with the Federation of African Journalists (FAJ) in promoting safety and protection of African journalists;
- The government of Liberia for the passage of a Right to Information Act;
- All governments that have repealed seditious libel and criminal defamation laws;
Welcoming the African Union Commission’s stance on promoting press freedom illustrated by the Commission’s statement marking the World Press Freedom day on 3 May 2010;
Endorsing the outcome of the continental Workshop on Safety and Protection of African Journalists organized by the Federation of African Journalists and the department of Communications and Information of the African Union Commission in collaboration with ARTICLE 19 and International Trade Union Confederation – African Regional Organization (ITUC-Africa) in September 2010 in Addis Ababa;
We hereby call on the African Commission on Human and Peoples’ Rights to:
1. Pressurize member States of the African Union to probe all violent actions against journalists which have occurred in their territories when their armed or security forces may have been involved in them;
2. Urge the African Union and its member states to adopt the proposed resolution on safety and protection of African journalists in the upcoming African Union summit.
3. African Union member States to execute the duty incumbent upon them to thwart crimes against journalists and investigate alleged perpetrators of this heinous crimes and bring them to justice; and to offer witness protection for those testifying against perpetrators;
4. Take all necessary measures to ensure that member states comply with their obligations under the African Charter and the Declaration of Principles on the Freedom of Expression in Africa;
5. Call on member states of the African Union to release all prisoners of conscience imprisoned for peaceful exercise of their rights of expression, assembly and association;
6. Call for the intervention of the Special Rapporteur on Freedom of Expression and Access to Information and the Chair of the Commission to provide technical support and guidance to South Africa in its deliberation on these potential threats to Freedom of Expression;
7. Endorse the Declaration of Table Mountain (DTM) adopted by World Editors of Newspapers-IFRA in Cape Town in 2007 to repeal in all African Countries insult and criminal defamation laws.
8. Call upon members states of the African Union to ensure the passage of a Right to Information (RTI) law;
9. Call upon member states of the African Union to respect the provisions of their various constitutions with regards to the independence of the judiciary and separation of powers;
10. Put pressure on African Union member states to release all journalists and other Free Expression advocates in detention and make the safety and protection of journalists a priority;
11. Convene in the next session of the African Commission of Human and Peoples Rights a high level panel on freedom of expression and protection of journalists;
12. Encourage African governments to respect the plurality of the print media and allow state broadcasters to operate as true independent public service broadcasters.
Done at Banjul, November 9th, 2010
