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
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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/