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| Adv. Pansy Tlakula (Photo credit: ACHPR) |
State of free expression and access to
information in Africa
Commissioner Adv. Pansy Tlakula, the Special Rapporteur on Freedom of
Expression and Access to Information in Africa tells the 53rd Ordinary
Session of the African Commission of her activities on April 11.
The ordinary session of the African Commission on Human and Peoples’
Rights (ACHPR) is hosted by The Gambia from 9-23 April, 2013. Tlakula’s
presentation is part of the Activity Reports of Special Mechanisms of the ACHPR
to which she is a member.
The Gambia
On Thursday, she noted that on March 28, 2013, she transmitted a
letter of Appeal to President Yahya Jammeh addressing allegations on violations
of the right to freedom of expression and access to information of three
journalists in The Gambia: Abdoulie John, Baboucar Ceeay and Fabakary Ceesay.
Mr John and Mr Ceesay were arrested and detained in the course of
carrying out their duties as journalists, and their travel documents also
confiscated.
In the letter, she urged The Gambia Government to kindly inform her of
the steps taken or steps intended to be taken to investigate the allegations,
and punish the perpetrators accordingly. She also appeals to President Jammeh
to kindly authorise the return of the travel documents to the concerned
journalists to enable them practice their profession without any impediments.
Human rights journalist Fabakary Ceesay reportedly fled the tiny West
African country over alleged attempts by The Gambia’s National Intelligence
Agency, NIA, to arrest or kidnaps him.
Rwanda
On March 28, 2013, Tlakula wrote to President Paul Kagame commending
his Government for the adoption of the Access to Information Law formally
gazetted on March 11.
She urge Rwanda to ensure that the Law complies with all international
and regional standards access to information and also encouraged the Governent
to benchmark its law against the Commission’s recently adopted Model Law on
Access to Information in Africa.
Somalia
On March 15, the Special Rapporteur Tlakula, together with the Special
Rapporteur on the Rights of Women in Africa transmitted a joint letter of
appeal to President Sharif Ahmed.
The letter addressed allegations of rape, detention, conviction and
imprisonment of an internally displaced Somali woman; arbitrary arrest,
detention, conviction and imprisonment Mr Abdiaziz Abdinur Ibrahim, a freelance
journalist, and the arbitrary arrest and detention of journalist Mr Daud Abdi
Daud.
The special repporteurs urged the Somali Government to inform the
Commission of the progress it has made or is making to curb violence against
women, arbitrary arrests and detention of journalists in the country.
On March 17, the Supreme Court of Somalia overturned the conviction of
journalist Abdiaziz Abdinur Ibrahim and ordered his immediate release.
Legislations
Before the Model Law Project, there were only five African countries
with access to information laws, namely, Angola, Ethiopia, South Africa,
Uganda, and Zimbabwe. At the time,
Nigeria and Tunisia had actionable access to information regulations.
As at the 52n Ordinary Session, 10 countries had access to information
laws, including Guinea, Liberia, Nigeria, Niger, and Tunisia. “This is a
noteworthy shift from the situation that existed before the start of the model
law project,” Tlakula said.
The Commission recognises the significance of a comprehensive freedom
of expression and access to information law to build a successful and thriving
democracy.
Recommendations
“International human rights standards must always prevail over
contradictory national laws,” the ACHPR Commissioner said. “It is with this in
mind that the Special Rapporteur continues to call upon State Parties to amend
their Constitutions and laws to bring them inline with regional and
international standards on freedom of expression and access to
information.”
She said African States have the obligation to ensure that, free
expression and access to information laws, are not only adopted, but implemented,
with a conducive environment for citizens to exercise their right to freedom of
expression and access to information without impediment.
This, she said, would avoid situations where a state has an access to
information law, yet citizens, including journalists, human rights defenders
and opposition party members are imprisoned for voicing their opinions, most
commonly on the count of defamation, or having their rights limited due to
unreasonably restrictive laws.
Tlakula calls on State Parties to the ACHPR to also educate citizens
about their entitlements and how to enforce their rights to free expression and
access to information.
Written by Modou S. Joof
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