MISA launched the first national campaign in Malawi
and in March 2013 we met with the Southern African
Litigation Centre (SALC) and a number of Malawian
stakeholders to draft a Bill decriminalising free
speech in Malawi. Despite the positive start, the
campaign met with some resistance in May 2013,
when President Joyce Banda refused to sign the
Table Mountain Declaration – a statement issued
in Cape Town, South Africa on 3 – 6 June 2007,
stating the conviction that Africa urgently needs
a strong, free and independent press to act as a
watchdog over public institutions, a crucial role
that the press is hindered from and punished for
playing by the widespread resort to ‘insult laws’
and criminal defamation, in particular.

The APAI declaration.
Photo: MISA Regional Secretariat images, 2014.

Access to information and the
African Platform on Access to
Information
MISA is the secretariat of the APAI Working Group
and thus a driving force in the campaign, which
continued to gain momentum in 2013. Following the
APAI resolution in 2012 and after intensive lobbying
efforts from MISA and its partners, the Pan-African
Parliament adopted the ‘Midrand Declaration on
Press Freedom in Africa’, which further recognised
the APAI Declaration, calling on African Union (AU)
member states to review and adopt access to
information laws.
Also in 2013, Rwanda became the eleventh country
in Africa to adopt an ATI law and the sixth country
to do so since the APAI campaign was initiated.
At an international level, representatives from MISA
and the Open Democracy Advice Centre (ODAC)
travelled to Paris on behalf of the APAI working
group, where they succeeded in placing APAI
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on the agenda of a meeting of African delegates
representing the Africa group within UNESCO, and
pushing for it to be placed on the agenda of the
next UNESCO executive board meeting.
In addition to efforts at a policy level, the APAI
working group undertook a research survey
using the principles of the APAI Declaration as a
benchmark to ascertain the current state of access
to information in 15 African countries. The research
was launched on International Right to Know Day,
28 September 2013 and supported by a continentwide awareness drive on the importance of effective
ATI legislation.

Campaign to repeal laws
criminalising free speech
In 2012, the Special Rapporteur on Freedom of
Expression and Access to Information in Africa,
Pansy Tlakula, appointed MISA the regional focal
point for a southern African campaign to repeal
laws that criminalise free speech.

Banda said she did not intend on using the laws
criminalising free speech, but she would not
repeal them during her term because the next
President may want to use them. This was a blow
to the decriminalisation campaign, although it
had one unintended consequence, the extensive
media coverage of the President’s refusal to sign
the Declaration. This led to the publication of the
Declaration in a number of newspapers and thus
there was widespread awareness of the Declaration,
an issue that had received little attention prior to
this event in Malawi.
MISA will launch the next national campaign in
Zambia. The timing could not be more crucial as
the country has seen an increase in the number
of journalists charged under dubious offences,
generally perceived as an attempt by the government
to clamp down on critical online journalists.
MISA expects to meet with stiff opposition to
the campaign, but with strong coalitions with the
media, legal professionals and civil society we are
prepared to fight the growing use of these archaic
laws.

Midrand Call to Action on
Media Freedom and Public
Broadcasting in Africa
In December 2013, MISA collaborated with
the Pan-African Parliament (PAP), the Africa
Governance Monitoring and Advocacy Project

(AfriMAP), the Open Society Initiative of Southern
Africa (OSISA) and Article 19 to host a continental
conference titled, Media Legislative Reforms
and Transforming State Broadcasters into Public
Broadcasters in Africa. The conference adopted
the Midrand Call to Action: Media Freedom and
Public Broadcasting in Africa. The Call to Action
calls on all African institutions, decision-makers,
civil society and social justice organisations and
members of the public to promote media freedom
on the African continent and commit to striving to
transform and strengthen all State broadcasters
into public broadcasters. To date, over 33 civil
society organisations representing more than 200
advocacy, research, human rights, democracy and
good governance networks in Africa have endorsed
the Call.

Working towards The SADC
We Want
MISA was pleased to join a regional reference group
to create a value study and a broader campaign
titled The SADC We Want.
The campaign will focus on:
•

establishing an independent SADC (regional)
Court;

•

establishing of a regional Parliament with
legislative powers;

•

revitalising SADC National Committees;

•

evolving the SADC Secretariat to a Regional
Authority; and

•

institutionalising engagement between civil
society and SADC.

MISA is particularly focused on developing an
information-sharing platform for civil society
organisations working in different areas of regional
development. We aim to make communication and
collaboration between civil society organisations
stronger and more regular, helping them to work
more cohesively and with more impact on issues
where they have a common agenda.
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