Part I: General Principles
Principle 1.
Importance of the rights to freedom of expression
and access to information
1.
Freedom of expression and access to information are
fundamental rights protected under the African Charter and
other international human rights laws and standards. The
respect, protection and fulfilment of these rights is crucial and
indispensable for the free development of the human person, the
creation and nurturing of democratic societies and for enabling
the exercise of other rights.
2.
States Parties to the African Charter (States) shall create an
enabling environment for the exercise of freedom of expression
and access to information, including by ensuring protection
against acts or omissions of non-State actors that curtail the
enjoyment of freedom of expression and access to information.
Principle 2.
Non-interference with freedom of opinion
Freedom of opinion, including the right to form and change all forms
of opinion at any time and for whatever reason, is a fundamental and
inalienable human right indispensable for the exercise of freedom of
expression. States shall not interfere with anyone’s freedom of
opinion.
Principle 3.
Non-discrimination
Everyone shall have the rights to exercise freedom of expression and
access to information without distinction of any kind, on one or more
grounds, including race, ethnic group, colour, sex, language, religion,
political or any other opinion, political association, national and
social origin, birth, age, class, level of education, occupation,
disability, sexual orientation, gender identity or any other status.
Principle 4.
Most favourable provision to prevail
Where a conflict arises between any domestic and international
human rights law, the most favourable provision for the full exercise
of the rights to freedom of expression or access to information shall
prevail.
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