fundamental and inalienable human right and an indispensable component of democracy.”46 175. The African Charter on Democracy, Elections, and Good Governance further, in its Article 27(8), provides that to advance political, economic, and social governance, State Parties shall promote freedom of expression and foster a professional media, particularly freedom of the press.47 176. The Complainants contend that in the lead-up to the 2015 Ethiopian national election, the Respondent State, through arbitrarily arresting, detaining, harassing, and torturing journalists and bloggers who express critical views against the Respondent State, has forced independent voices to practice self-censorship and in some cases, cessation of operations in violation of the right to freedom of expression guaranteed under Article 9 of the Charter. 177. The Respondent State, in return, submits that the arrest of the Journalists and Bloggers was not arbitrary but instead based on their alleged involvement in crimes associated with terrorist organizations, advocating for the violent overthrow of a constitutionally elected Government, engaging in hate speech, and inciting violence against specific ethnic groups.48 They further submit that both before, during, and after the election, more than 107 private and public media organizations, including international media, were reporting on the electoral process. 178. The Commission acknowledges that freedom of expression is a vital cornerstone of a democratic society that plays a crucial role in enabling citizens to, directly and indirectly, participate in the public affairs of their country, including through political associations. 179. The Commission further observes that Article 9 of the Charter, although including a clause that allows for limitations "within the law,” lacks explicit grounds justifying these restrictions and limitations on freedom of expression. Nevertheless, this does not grant States unrestricted authority to arbitrarily curtail individuals' rights to freedom of expression. Declaration of Principles of Freedom of Expression and Access to Information in Africa (2019) Principle 10. 47 African Charter on Democracy, Elections and Good Governance (2007) Article 27(8). 48 Respondent Submission on the Merits, para 15. 46 ~ 34 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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