TRES/004/4/12: Resolution on Freedom of Expression in Somalia
We, the participants at the NGO Forum preceding the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights and 25th African Human Rights Book Fair held from 14th – 16th April, 2012 in Banjul, The Gambia;
Recognizing that the effective exercise of the right to freedom of expression is an important indicator of the level of protection of other human rights and freedoms, bearing in mind that all human rights are universal, indivisible, interdependent and interrelated;
Emphasizing that freedom of expression is a fundamental human right guaranteed on the one hand by Article 9 of the African Charter on Human and Peoples’ Rights, and on the other hand, by the Universal Declaration of Human Rights (in particular, in its Article 19), the International Covenant on Civil and Political Rights (in particular, in its Article 19) and other treaties, resolutions, international instruments and national constitutions;
Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations Organisation as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which Somalia is a state party and that as a state party Somalia is legally bound to fully and effectively implement the provisions of these instruments and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;
Welcoming regional and international efforts to restore peace, and stability in Somalia, and to combat impunity, to uphold fundamental human rights and to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of human rights abuses;
Concerned that the Somali people are denied their fundamental human rights and dignity as enshrined in African Charter of Human and People’s Rights and other international human rights mechanisms;
Noting that violence in Somalia remains a powerful influence that enforces a culture of silence and impunity as the violence and fear of violence affects the work of journalists and the enjoyment of freedom of expression and fundamental human rights;
Deeply concerned that violations of the right to freedom of expression continue to occur, including increased attacks directed against, and killings of, journalists, and stressing the need to ensure greater protection for all journalists;
Apprehensive of the grave reality that Somalia is the most dangerous place in Africa today for journalists and other media workers, and that since January 2012 four journalists have been killed in targeted attacks;
We call upon the African commission to do the following:
- To urge the Somali authorities and international community to establish and support an independent commission of enquiry or alternative independent mechanism to conduct thorough and independent investigations into all instances of violence and threats of violence against Somali journalists, including soaring cases of murder, and bring those responsible to justice;
- To condemn criminal acts against journalists and the right of freedom of expression, and take appropriate actions to end the hostility to independent media and to hold the violators of journalists rights accountable.
Done in Banjul – 16th April, 2012
