African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
1.Every individual shall have the right to receive information
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
International Covenant on Civil and Political Rights ICCPR
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.
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali
ECW/CCJ/JUD/30/18 - Chude Mba v. Ghana & 15 Ors (All ECOWAS Member States & ECOWAS Commission)
ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
ECW/CCJ/JUD/01/09 Djot Bayi & 14 Others v. Nigeria & 4 Others
ECW/CCJ/JUD/06/08 Hadijatou Mani Koraou v. Niger
ECW/CCJ/JUD/04/18 - Federation of African Journalists and Others v The Gambia
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”
ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor
ECW/CCJ/JUD/06/19 - Rev. Fr. Solomon Mfa & 11 Ors v. Nigeria & 5 Ors
ECW/CCJ/JUD/06/19 - Rev. Fr. Solomon Mfa & 11 Ors v. Nigeria & 5 Ors
ECW/CCJ/JUD/01/14 Private Alimu Akeem v. Nigeria
ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor
ECW/CCJ/JUD/06/19 - Rev. Fr. Solomon Mfa & 11 Ors v. Nigeria & 5 Ors
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
Universal Declaration of Human Rights (UDHR)
Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
ECW/CCJ/JUD/04/18 FAJ & Ors v. The Gambia
003/2014 Ingabire Victoire Umuhoza v Rwanda
003/14 Ingabire Victoire Umuhoza v Republic of Rwanda
Human Rights Committee - General Comments No.34
Human Rights Committee - General Comments No.34
Paragraph 2 requires States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. This right includes the expression and receipt of communications of every form of idea and opinion capable of transmission to others, subject to the provisions in article 19, paragraph 3, and article 20.12 It includes political discourse,13 commentary on one’s own14 and on public affairs,15 canvassing,16 discussion of human rights,17 journalism,18 cultural and artistic expression,19 teaching,20 and religious discourse.21 It may also include commercial advertising. The scope of paragraph 2 embraces even expression that may be regarded as deeply offensive,22 although such expression may be restricted in accordance with the provisions of article 19, paragraph 3 and article 20.
Human Rights Committee - General Comments No.34
Paragraph 2 protects all forms of expression and the means of their dissemination. Such forms include spoken, written and sign language and such non-verbal expression as images and objects of art.23 Means of expression include books, newspapers,24 pamphlets,25 posters, banners,26 dressand legal submissions.27 They include all forms of audio-visual as well as electronic and internet-based modes of expression.
Human Rights Committee - General Comments No.34
Restrictions must be provided by law. Law may include laws of parliamentary privilege50 and laws of contempt of court.51 Since any restriction on freedom of expression constitutes a serious curtailment of human rights, it is not compatible with the Covenant for a restriction to be enshrined in traditional, religious or other such customary law.5
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 9. Justifiable limitations 1.States may only limit the exercise of the rights to freedom ofexpression and access to information, if the limitation:a.is prescribed by law;b.serves a legitimate aim; andc.is a necessary and proportionate means to achieve the stated aimin a democratic society. 2.States shall ensure that any law limiting the rights to freedom of 12expression and access to information:a.is clear, precise, accessible and foreseeable; b.is overseen by an independent body in a manner that is notarbitrary or discriminatory; and c.effectively safeguards against abuse including through theprovision of a right of appeal to independent and impartialcourts.3.A limitation shall serve a legitimate aim where the objective ofthe limitation is: a.to preserve respect for the rights or reputations of others; or b.to protect national security, public order or public health.4.To be necessary and proportionate, the limitation shall:a.originate from a pressing and substantial need that is relevant andsufficient; b.have a direct and immediate connection to the expression anddisclosure of information, and be the least restrictive means ofachieving the stated aim; andc.be such that the benefit of protecting the stated interest outweighsthe harm to the expression and disclosure of information,including with respect to the sanctions authorised
04/13 Lohe Issa Konate v Burkina Faso (Judgement on Reparations)
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
003/14 Ingabire Victoire Umuhoza v Republic of Rwanda
LaCourrappellesajurisprudenceconstanteselonlaquellelareferenceala«lob>deI'article9(2)etauxautresdispositionsdelaChartedoitetreinterpreteealalumieredesnormesinternationalesrelativesauxdroitsdeI'homme11,quiexigentquelesloisnationalessurlesquelleslesrestrictionsdesdroitsetdesIibertessontfondeesdoiventetresuffisammentc1aires,previsiblesetconformesaI'objetdelaCharteetdesconventionsinternationalesrelativesauxdroitsdeI'homme,etdoiventetred'applicationgenerale12.
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall have the right to express and disseminate his opinions within the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
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:
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
04/13 Lohe Issa Konate v Burkina Faso (Judgement on Reparations)
International Covenant on Civil and Political Rights ICCPR
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.
African Charter on Human and Peoples' Rights (Banjul Charter)
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
African Charter on Human and Peoples' Rights (Banjul Charter)
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
International Covenant on Civil and Political Rights ICCPR
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:
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 1. Importance of the rights to freedom of expressionand access to information1.Freedom of expression and access to information arefundamental rights protected under the African Charter andother international human rights laws and standards. Therespect, protection and fulfilment of these rights is crucial andindispensable for the free development of the human person, thecreation and nurturing of democratic societies and for enablingthe exercise of other rights.2.States Parties to the African Charter (States) shall create anenabling environment for the exercise of freedom of expressionand access to information, including by ensuring protectionagainst acts or omissions of non-State actors that curtail theenjoyment of freedom of expression and access to information
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
2.States Parties to the African Charter (States) shall create anenabling environment for the exercise of freedom of expressionand access to information, including by ensuring protectionagainst acts or omissions of non-State actors that curtail theenjoyment of freedom of expression and access to information.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 5. Protection of the rights to freedom of expressionand access to information onlineThe exercise of the rights to freedom of expression and access toinformation shall be protected from interference both online andoffline, and States shall interpret and implement the protection ofthese rights in this Declaration and other relevant internationalstandards accordingly.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 6. Protection of human rights defenders and othersThe protections accorded to journalists and other media practitionersin this Declaration shall apply, as necessary, to every human rightsdefender and any other individual or group exercising their rights tofreedom of expression and access to information through anymedium.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
18national security grounds unless there is a real risk of harm to alegitimate interest and there is a close causal link between therisk of harm and the expression.Principle 23. Prohibited speech1.States shall prohibit any speech that advocates for national,racial, religious or other forms of discriminatory hatred whichconstitutes incitement to discrimination, hostility or violence. 2.States shall criminalise prohibited speech as a last resort andonly for the most severe cases. In determining the threshold ofseverity that may warrant criminal sanctions, States shall takeinto account the:a.prevailing social and political context;b.status of the speaker in relation to the audience;c.existence of a clear intent to incite;d.content and form of the speech; e.extent of the speech, including its public nature, size of audienceand means of dissemination; f.real likelihood and imminence of harm.3.States shall not prohibit speech that merely lacks civility orwhich offends or disturbs.Principle 24. Economic measures1.States shall promote a conducive economic environment inwhich all media can flourish, including through the adoption ofpolicies for the provision of financial or other public support forthe sustainability of all media through a fair, neutral,independent and transparent process, and based on objectivecriteria.2.States shall ensure that the allocation of funds for publicadvertising is transparent and subject to public accountability,and they shall not abuse their power over the placement ofpublic advertising.3.States shall adopt effective measures to avoid undueconcentration of media ownership, whether horizontal orvertical. Such measures shall not be so stringent that they inhibitthe development of the media sector as a whole. 19Principle 25. Protection of sources and other journalistic material1.Journalists and other media practitioners shall not be requiredto reveal confidential sources of information or to disclose othermaterial held for journalistic purposes except where disclosurehas been ordered by a court after a full and fair public hearing.2.The disclosure of sources of information or journalistic materialas ordered by a court shall only take place where:a.the identity of the source is necessary for the investigation orprosecution of a serious crime or the defence of a person accusedof a criminal offence;b.the information or similar information leading to the same resultcannot be obtained elsewhere; andc.the public interest in disclosure outweighs the harm to freedom ofexpression.3.States shall not circumvent the protection of confidentialsources of information or journalistic material through theconduct of communication surveillance except where suchsurveillance is ordered by an impartial and independent courtand is subject to appropriate safeguards
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 21. Protecting reputations1.States shall ensure that laws relating to defamation conformwith the following standards:a.No one shall be found liable for true statements, expressions ofopinions or statements which are reasonable to make in the cir-cumstances.b.Public figures shall be required to tolerate a greater degree ofcriticism.c.Sanctions shall never be so severe as to inhibit the right tofreedom of expression.2.Privacy and secrecy laws shall not inhibit the dissemination ofinformation of public interest.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 21. Protecting reputations1.States shall ensure that laws relating to defamation conformwith the following standards:a.No one shall be found liable for true statements, expressions ofopinions or statements which are reasonable to make in the cir-cumstances.b.Public figures shall be required to tolerate a greater degree ofcriticism.c.Sanctions shall never be so severe as to inhibit the right tofreedom of expression.2.Privacy and secrecy laws shall not inhibit the dissemination ofinformation of public interest.
DECLARATION OF PRINCIPLES
ON FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
IN AFRICA
Principle 22. Criminal measures1.States shall review all criminal restrictions of content to ensurethat they are justifiable and compatible with internationalhuman rights law and standards.2.States shall repeal laws that criminalise sedition, insult andpublication of false news.3.States shall amend criminal laws on defamation and libel infavour of civil sanctions which must themselves be necessaryand proportionate.4.The imposition of custodial sentences for the offences ofdefamation and libel are a violation of the right to freedom ofexpression. 5.Freedom of expression shall not be restricted on public order or 18national security grounds unless there is a real risk of harm to alegitimate interest and there is a close causal link between therisk of harm and the expression.
04/13 Lohe Issa Konate v Burkina Faso (Judgement on Reparations)
003/2014 Ingabire Victoire Umuhoza v Rwanda
04/13 Lohe Issa Konate v Burkina Faso (Judgement on Reparations)
ECW/CCJ/JUD/04/18 - Federation of African Journalists and Others v The Gambia
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
International Covenant on Civil and Political Rights ICCPR
Article 191. 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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 91.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.
ECW/CCJ/JUD/01/10 Daouda Garba v. Benin
ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others
ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others
African Charter on Human and Peoples' Rights (Banjul Charter)
2.Every individual shall have the right to express and disseminate his opinions within the law.
International Covenant on Civil and Political Rights ICCPR
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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
ECOWAS Court Rules of Procedure
Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.