By: Kebba AF Touray
The African Commission on Human and People’s Rights (ACHPR) has identified significant challenges confronting freedom of expression and access to information in Africa. Despite progress made by the Special Mechanism on Freedom of Expression and Access to Information in Africa, numerous obstacles remain.
The Commission’s report highlights several key issues. One major challenge is the lack of dissemination of soft law documents by State Parties, which affects their effectiveness at the national level. The ACHPR also noted the persistence of draconian laws, such as those criminalizing libel and defamation, despite repeated calls for decriminalization.
“The existence of draconian laws negatively affects the rights enshrined under Article 9 of the African Charter,” the ACHPR stated.
The slow enactment of access to information laws is another significant problem, with some bills languishing in parliaments for extended periods. Additionally, inadequate resource allocation hampers the effective implementation and oversight of these laws.
“The lack of adequate resources necessary for the implementation of access to information laws is a major challenge,” the commission added.
The report also highlighted the rise in online violations targeting specific groups, such as women, journalists, and human rights defenders, and the increasing trend of internet and social media shutdowns, especially during elections.
“The persistence of attacks on journalists, both online and offline, and the lack of accountability for these violations remain serious concerns,” the ACHPR bemoaned.
The ACHPR emphasized the need for concerted efforts to address these challenges to ensure the effective realization of freedom of expression and access to information across Africa.
“This list of challenges is by no means exhaustive. It is imperative that concerted efforts are made to address these challenges,” the ACHPR urged.
2024 marks the 20th anniversary of the establishment of the Special Mechanism, which monitors these rights. The Commission detailed the mandate’s genesis, achievements, and ongoing challenges since its inception.
The ACHPR’s efforts began with the adoption of the Resolution on Freedom of Expression during the 29th Ordinary Session in May 2001. This led to the development of a soft law document elaborating on Article 9 of the African Charter and the creation of a Special Rapporteur to monitor compliance and address violations.
In 2007, the mandate was expanded to include access to information. Since then, the Special Mechanism has analyzed national media legislation, conducted fact-finding missions, and made public interventions in cases of rights violations.
One notable achievement is the adoption of the Model Law on Access to Information for Africa in 2013, which has since facilitated the adoption of access to information laws in 27 African countries.
“The Model Law was developed to aid the adoption of national legislation on access to information by States in Africa,” the commission explained.
The ACHPR encourages all stakeholders, including State Parties, national human rights institutions, and civil society organizations, to utilize these soft law documents to promote and protect the rights to freedom of expression and access to information.
“We encourage all stakeholders to familiarize themselves with these documents as they are crucial for the promotion and protection of these rights in Africa,” expressed the ACHPR.
