170.
The Complainants submit that the Respondent State's argument
of recently allowing access to previously blocked websites, TV channels,
news outlets, and blogs with political content confirms the
Complainants' claim that during the 2015 elections, the Respondent
State violated the right to freedom of expression by shutting down private
media organizations and platforms.
171.
The Complainants submit that the Respondent State's response
admits to restricting political participation. Considering that the
Respondent State amended laws limiting rights and freedom of
expression, association, assembly, and political involvement, released
previously jailed journalists, activists, and bloggers, and invited political
parties previously designated as terrorist organizations to participate in
politics. According to the Complainants, this supports the claim that the
Government targeted and detained journalists, activists, and bloggers
during the 2015 election period and designated opposition political
parties as terrorist organizations, thus restricting political participation.
172.
The Complainants further submit that the Respondent State's
highlighting of the political, legislative, and institutional reforms
implemented since April 2018 and their claim of significant improvement
in the protection of freedom of expression contradicts their denial of the
allegations raised in the Communication while simultaneously
acknowledging the reforms.
The Commission’s Analysis of the Merits
Alleged violation of Article 9 (The right to Freedom of Expression and Access
to Information)
173.
Article 9 of the Charter guarantees that “every individual shall
have the right to receive information and express and disseminate his
opinions within the law.”45
174.
The Commission’s Declaration of Principles on Freedom of
Expression and Access to Information reaffirms that “freedom of
expression, including the right to seek, receive and impart information and
ideas, either orally, in writing or print, in the form of art or through any
other form of communication or medium, including across frontiers, is a
45 The Charter, Article 9.
~ 33 ~
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/