TRES/008/10/2011: Resolution on Transformation of State Controlled Broadcaster into Independent Public Broadcasters
We, the participants to the NGO Forum in the 50th Ordinary Session of the African Commission on Human and Peoples’ Rights and 24th African Human Rights Book Fair held from 19th – 21st October, 2011 in Banjul, The Gambia
Deeply concerned that out of the 54 members states, only one can claim to have a truly independent broadcaster (South Africa)
Recalling the International Convention on Civil and Political Rights (enacted by the UN in 1966), which emphasizes rights of individuals to hold opinions without interference, individual’s right to seek, receive and impart information, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice;
Recalling Article 9 of the Windhoek Declaration (General Assembly of UNESCO in 1991) declaring that an independent pres free from government control and manipulation, that is pluralistic and free is established and maintained;
Noting with satisfaction that the Declaration of Principles on Freedom of Expression in Africa (adopted by the African Commission on Human and Peoples’ Rights in 2002) clearly interprets the rights of freedom of expression outlined in the African Charter on Human and Peoples’ Rights (adopted on 27 June 1981), focusing on public broadcaster in Africa, specifically article VI:
State and government controlled broadcasters should be transformed into public service broadcasters, accountable to the public through the legislature (parliament/national Assembly) rather than government (executive), in accordance with the following principles:
- Public broadcasters should be governed by a board which is protected against interference, particularly of a political or economic nature;
- The editorial independence of public service broadcasters should be guaranteed;
- Public broadcasters should be adequately funded in a manner that protects them from arbitrary interference with their budgets;
- Public broadcasters should strive to ensure that their transmission system covers the whole territory of the country; and
- The public service ambit of public broadcasters should be clearly defined and include an obligation to ensure that the public receive adequate, politically balanced information, particularly during election periods.
Hereby call on the African Commission to urge AU Member States to :
- Enact adequate and relevant legislation that will transform state broadcasters, which are maintained by taxpayers’ money, into independent public broadcasters free from government control and executive interference
- Encourage and ensure that autonomy and independence of media and communications regulatory bodies is guaranteed
- Encourage their Parliaments to take initiative and assert their mandate as oversight institutions and scrutinize the public broadcaster to ensure that appointment procedures of the broadcaster’s board and top management is transparent and that the editorial, funding, programming, and administrative independence is vigilantly guarded
- Encourge and support civil society, trade unions, faith and community based organizations to form an ‘Alliance for Broadcasting Reform in Africa’ with the aim of attaining the transformation objective of turning state broadcasters into public broadcasters within the shortest possible time
- Expunge all media laws that impinge on freedom of expression, an which contravene continental treaties, norms and standards, with the aim of cultivating a culture of open government aimed at deepening democracy
- Enact Access to Information legislation as enshrined in the respective African Union protocols, treaties and charters, most recent of which is the Charter on Public Services
- Develop and communicate with the citizenry a clear roadmap towards the 2015 deadline towards digital migration
Done in Banjul – 21st October, 2011
