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tendered before- the Co\1rt, and refers to the article written on it at
page 7 of the said issue. The Court also notes that Plaintiff has
accused the republic of Burkina Faso, of this alleged violation.
46. Article 1 (k) of the ECOWAS Protocol on Democracy and Good
Governance, which came into effect on 20 February 2008 ranks the
freedom of the Press under the principle of Common Constitutional
Convergence in all ECOWAS Member - States; Article 37 (1) of the
said Protocol provides that « Member - States resolve to work for the
plurality of information, and the development of the media outfits». As
for Article 9 of the Charter, it provides that: << (l)Every individual shall
have the right to receive information. (2). Every individual shall have
the right to express and disseminate his opinions, within the law. >>.
Article 19 of the International Covenant on Civil .and Political Rights
provides that:
••
« 1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
. .·
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be
subject to certain restrictions, but these shall only be such as are
provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.>>
47. Pursuant to the afore-mentioned legal instruments, the right to
information, and the freedom of the Press are guaranteed by the
State, which ensures that they are effective. The State is also under
the obligation to allow citizens enjoy the exercise of this right, and
freedom, in order that the rights and reputations of other citizens
are preserved, as well as national security, . public order, the health
and public morals are safeguarded. The State shall make those who
exercise these rights to be aware of special duties, and
responsibilities, which are binding on them, and shall create the
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