Regional and International Mediation. It is against this backdrop that Zimbabwe continues to hog the international spotlight for its deteriorating human rights record, violations of freedom of expression and access to information. In her report to the 44th Session of the African Commission on Human and Peoples Rights in November 2008 in Abuja, Nigeria, Advocate Tlakula, the ACHPR Special Rapporteur on Freedom of Expression and Access to Information singled out Zimbabwe, Sierra Leone, Eritrea, Nigeria, Ethiopia, Lesotho and Cameroon as the offending countries6. "The Special Rapporteur has been informed that in the run-up to the 27 June 2008 presidential elections run-off (in Zimbabwe), numerous journalists and leading cast members of plays perceived as critical of the government were allegedly harassed, arrested and detained. I have also received reports that journalists have been convicted for offences such as intentionally publishing falsehoods contrary to the country's media law," she said. "In this regard, I would like to remind member states that, unlike other international human rights instruments, the African Charter does not contain a derogation clause. Thus, regardless of circumstances such as conflict, civil unrest or any other form of emergency, States have a perpetual obligation to respect, promote, protect and fulfil the right to freedom of expression as provided under the African Charter and the Declaration on the Principles of Freedom of Expression which supplements it." She noted that only a few countries had adopted legislation on freedom of information that conforms to regional and international human rights standards. As such, she urged member states to ensure that their laws on Freedom of Information conform to applicable regional and international human rights standards, particularly Principle 4 of the Declaration on the Principles of Freedom of Expression in Africa7. "There is need for continuous dialogue with States reminding them that adoption of effective freedom of information legislation remains a yardstick for determining transparency and accountability towards promotion of access to social and economic development in any society which lays claims to adherence to democratic ideals," she said. MISA-Zimbabwe has produced a model access to information law as a lobby and advocacy tool for the repeal of the draconian Access to Information and Protection of Privacy Act (AIPPA). Commissioner Tlakula noted that AIPPA, which only provides for access to information held by public bodies and for appeals to be lodged with the statutory Zimbabwe Media Commission (which is still to be constituted following the December 2008 Amendments), has been widely criticised for its broad exemption provisions. The Special Rapporteur drew parallels with the positive aspects of South Africa's Promotion of Access to Information Act whose 6 Visit MISA-Zimbabwe Alerts: www.misazim.co.zw The Declaration states, among other provisions, that public bodies hold information not for themselves but as custodians of the public good and everyone has the right to access that information, subject only to clearly defined rules established by law. South Africa, Mozambique, Malawi and Madagascar are the only four countries in southern Africa whose constitutions expressly protect the right to freedom of information. 7 7