243.
Freedom of expression under Article 9, read together with Article 27(2),96
of the African Charter is the cornerstone of a democratic country, and any
violation of the right to freedom of expression impacts on the full
realization of other rights and freedoms enshrined in the African Charter
and other international instruments.
244.
The right to freedom of expression has also been recognized as a
AC
HP
R
fundamental human right under other international human rights
instruments, such as the UDHR,97 and the ICCPR.98 At the Regional level,
the African Charter on Democracy, Elections and Good Governance 99
provides in its Article 27(8) that, “In order to advance political, economic
and social governance, State Parties shall commit themselves to promoting
freedom of expression, in particular freedom of the press and fostering a
professional media.”
245.
The Declaration of Principles on Freedom of Expression in Africa (the
Declaration)100 which supplements the provisions of Article 9 of the
African Charter underscores respect for freedom of expression by
providing that “No one shall be subject to arbitrary interference with his
96
97
Article 27(2) provides that “The rights and freedoms of each individual shall be exercised
with due regard to the rights of others, collective security, morality and common interest.”
Article 19.
98
Article 19 of the ICCPR provides that “[e]veryone shall have the right to hold opinions without
interference" and "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."
99
Adopted by the 8th Ordinary Session of the Assembly, held in Addis, Ethiopia, on 30 January
2007.
100
Declaration of Principles on Freedom of Expression in Africa, adopted by the African
Commission during its 32nd Ordinary Session, 17 - 23 October, 2002, Banjul, The Gambia.
72
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents