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SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

as individual human rights, as cornerstones of
democracy and as means of ensuring respect
for other human rights;
Recalling that freedom of expression and
access to information are fundamental human
rights guaranteed by Article 9 of the African
Charter, and that those rights are also affirmed
in the African Charter on the Rights and
Welfare of the Child, the Protocol to the
African Charter on Human and Peoples’
Rights on the Rights of Persons with
Disabilities in Africa, the African Union
Convention on Preventing and Combating
Corruption,
the
African
Charter
on
Statistics, the African Youth Charter, the
African Charter on Democracy, Elections
and Governance, the African Charter on
Values and Principles of Public Service
and Administration, and the Protocol to the
African Charter on Human and Peoples’
Rights on the Rights of Women in Africa;
Noting the adoption by the African Commission
of relevant soft law standards, such as the
Model Law on Access to Information for
Africa of 2013 and the Guidelines on Access
to Information and Elections in Africa of
2017;
Noting further the adoption of the African
Union Convention on Cyber Security and
Personal Data Protection;
Recognising that the Universal Declaration
of Human Rights and the International
Covenant on Civil and Political Rights, as
well as other international instruments and
national constitutions, also guarantee the
rights to freedom of expression and access to
information;
Conscious that freedom of expression and
access to information are cross-cutting rights
that are important for the realization of all other
human rights, including socio-economic rights,
and of the potential of both rights to contribute
to the socio-economic transformation of the
continent;
Recognising the need to protect and promote
the right to freedom of expression and access to
information of marginalised groups and groups
that face multiple discrimination, including
women, children, persons with disabilities, older
persons, sexual and gender minorities, refugees
and internally displaced persons;
Desiring to promote the free flow of
information and ideas and greater respect for
the rights to freedom of expression and access
to information;

Noting that local languages are critical in
optimizing the realization of access to information
by communities and for the effective realization
of freedom of expression;
Considering the key role of the media and
other means of communication in ensuring full
respect for the right to freedom of expression,
promoting the free flow of information and
ideas, assisting individuals in making informed
decisions and facilitating and strengthening
democracy;
Aware of the particular importance of
broadcast media in Africa, given its capacity to
reach a wide audience due to the comparatively
low cost of receiving transmissions and its ability
to overcome barriers of illiteracy;
Recognising the role of new digital
technologies in the realization of the rights to
freedom of expression and access to information
and the role of open government data in fostering
transparency, efficiency and innovation;
Affirming that the same rights that people
have offline should be protected online and in
accordance with international human rights law
and standards;
Acknowledging that the exercise of the
rights to freedom of expression and access to
information using the internet are central to
the enjoyment of other rights and essential to
bridging the digital divide;
Conscious that freedom of expression and
privacy are mutually reinforcing rights that
are essential for human dignity and the overall
promotion and protection of human and peoples’
rights;
The
African
Commission
adopts
the
Declaration of Principles on Freedom of
Expression and Access to Information in
Africa to replace the Declaration on Principles
of Freedom of Expression in Africa of 2002.

PART I: GENERAL PRINCIPLES
Principle 1. Importance of the rights
to freedom of expression and access to
information
1.
Freedom of expression and access to
information are fundamental rights protected
under the African Charter and other international
human rights laws and standards. The respect,
protection and fulfilment of these rights is crucial
and indispensable for the free development of
the human person, the creation and nurturing

Select target paragraph3