Preamble
The African Commission on Human and Peoples’ Rights (African
Commission):
Affirming its mandate to promote human and peoples’ rights in
accordance with Article 45 of the African Charter on Human and
Peoples’ Rights (the African Charter);
Recalling Resolution 222 (ACHPR/Res.222 (LI) 2012) calling on the
African Commission to modify the Declaration of Principles on
Freedom of Expression in Africa of 2002 (the Declaration) to
include access to information, Resolution 350 (ACHPR/Res.350
(EXT.OS/XX) 2016) mandating the African Commission to revise
the Declaration and Resolution 362 (ACHPR/Res.362 (LIX) 2016)
requesting the Special Rapporteur on Freedom of Expression and
Access to Information in Africa to take note of developments in the
internet age during the revision of the Declaration;
Recognizing the need to revise the Declaration to consolidate
developments on freedom of expression and access to information,
including by taking account of African Union treaties and soft law
standards, the emerging jurisprudence of judicial and quasi-judicial
organs of the African Union, as well as the need for the elaboration of
the digital dimensions of both rights;
Reaffirming the fundamental importance of freedom of expression
and access to information as individual human rights, as cornerstones
of democracy and as means of ensuring respect for other human
rights;
Recalling that freedom of expression and access to information are
fundamental human rights guaranteed by Article 9 of the African
Charter, and that those rights are also affirmed in the African
Charter on the Rights and Welfare of the Child, the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of
Persons with Disabilities in Africa, the African Union Convention
on Preventing and Combating Corruption, the African Charter on
Statistics, the African Youth Charter, the African Charter on
Democracy, Elections and Governance, the African Charter on
Values and Principles of Public Service and Administration, and
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