The Centre for Human Rights, Faculty of Law, University of Pretoria, congratulates the Special Rapporteur on Freedom of Expression and Access to Information in Africa (the Special Rapporteur) on the significant occasion of its 20th anniversary. Since its establishment in 2004, the Mechanism has exhibited a remarkable dedication to the principles of freedom of expression and access to information, resolutely advocating for these fundamental rights. On this occasion of this milestone, the Centre for Human Rights, commends the Mechanism’s steadfast advocacy for these fundamental rights across the continent, reflecting a persistent commitment to promoting freedoms essential for public engagement, democratic governance, and the realisation of broader human rights.

The Mechanism has made substantial contributions to the development and reinforcement of normative standards for freedom of expression and access to information online and offline, which serves as authoritative guidance to states and other strategic stakeholders such as civil society actors. This remarkable journey highlights the Mechanism’s enduring efforts in supporting the protection and promotion of human rights and the democratic landscape across Africa, under the auspices of the the Africa Commission on Human and Peoples Rights (Africa Commission).

The Special Rapporteur on Freedom of Expression and Access to Information in Africa is one of the special mechanisms created by the Africa Commission to monitor, report, and advise on human rights issues within their specific mandate. It was established by Resolution 71, and adopted during the 36th Ordinary Session of ACHPR, held in Dakar, Senegal, from 23 November to 7 December 2004.  It was initially titled the Special Rapporteur on Freedom of Expression, with its primary objective being the promotion and safeguarding of freedom of expression across States Parties to the African Charter on Human and Peoples’ Rights. In 2007, during the 42nd session of the African Commission this mandate was renewed and expanded to include access to information and it became the ‘Special Rapporteur on Freedom of Expression and Access to Information.’

The Special Rapporteur undertakes a range of responsibilities to advance the promotion and protection of freedom of expression and access to information throughout Africa, including:

• Analysing and advising on the alignment of national media legislation, policies, and practices within Member States with established standards of freedom of expression and access to information.
• Conducting fact-finding missions to investigate systemic violations of these rights and providing recommendations to the African Commission based on findings.
• Engaging in promotional missions and related activities aimed at enhancing the enjoyment of freedom of expression and access to information across the continent.
• Issuing public statements, press releases, and formal requests for clarifications from Member States concerning reported infringements of these rights.
• Maintaining a detailed record of violations and disseminating this information through reports submitted to the African Commission.
• Presenting status reports on the state of freedom of expression and access to information at each Ordinary Session of the African Commission.

As we reflect on the two decades, it is evident that the Special Rapporteur has been instrumental in shaping the development of the continent’s normative frameworks on freedom of expression and access to information. Key achievements include leading the adoption of essential instruments such as the Model Law on Access to Information for Africa (2013), the Guidelines on Access to Information and Elections in Africa (2017), and the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa. The Model Law aimed at providing legislative guidance on the development of access to information legislation, in line with international human rights standards. The 2017 Guidelines are aimed at promoting electoral transparency and provide guidance to key electoral stakeholders on the categories of information that they should proactively disclose throughout the electoral process, so that the electorate make informed decisions. The 2019 Declaration replaces the 2002 Declaration of Principles on Freedom of Expression in Africa. While the 2002 Declaration elaborated on Article 9 of the African Charter, it did not adequately address emerging issues over the past two decades, particularly concerning access to information and the intersection between Article 9 rights and the internet. The 2019 Declaration therefore updates and reinforces the principles for upholding the rights to freedom of expression and access to information, enshrined under Article 9 of the African Charter, which guarantees individuals the right to receive, express, and disseminate information both online and offline, ensuring alignment with international human rights and standards.

The Mechanism has also adopted several important Resolutions addressing specific member states and broader thematic issues related to freedom of expression and access to information across the continent. Notable resolutions concerning specific member states include those focusing on freedom of expression in Eswatini, Zimbabwe, and Somalia, with particular emphasis on elections, media freedom and the safety of journalists and other media practitioners. Thematic resolutions have addressed critical areas such as the need to repeal criminal defamation laws in Africa, safeguarding women against digital violence, addressing issues regarding internet shutdowns and elections in Africa, and  the deployment of mass and unlawful targeted communication surveillance and its impact on human rights in Africa. The most recent Resolution 581 mandates the Special Rapporteur to undertake a study on the extent of implementation of the ACHPR soft laws on Access to information in Africa.

As we commemorate the 20th anniversary, it is essential to recognise and celebrate key milestones in the realm of freedom of expression and access to information in Africa. One notable achievement is the adoption of access to information legislation by 29 countries across the continent. This significant development reflects a broad commitment to enhancing accountability, transparency and promoting good governance. Access to information laws ideally should mandate the disclosure of information held by public bodies and relevant private entities, thereby empowering the public with the right to access crucial information that impacts the socio-economic and political spectrum. An access to information framework, enables a more informed public and supports the fight against corruption by making it more difficult for public officials to conceal information from the public. These legislative advancements not only illustrate a growing recognition of the importance of access to information but also set a precedent for other nations to follow, reinforcing the overall effort to ensure that governance in Africa becomes more transparent, accountable, and responsive to the needs of its citizens. For example, Namibia’s 2022 Access to Information Act, adopted following the Model Law on Access to Information for Africa, incorporates a presumption of disclosure, as envisaged in the Model Law and the 2019 Declaration. Additionally, Botswana is currently enacting a Bill through legislative processes, further demonstrating the ongoing efforts to enhance access to information across the continent.

On the freedom of expression front, South Africa exemplifies significant progress in media plurality and diversity, marked by a vibrant media landscape that reflects a wide range of political, social, and cultural viewpoints. Its legal and regulatory framework supports independent operation of various media outlets, including newspapers, television channels, radio stations, and digital platforms. The dynamic press and active civil society contribute to robust public debate and investigative journalism, playing a crucial role in uncovering corruption and holding officials accountable, demonstrating the impact of a free and diverse media on democratic governance. The presence of diverse media voices enriches public discourse and ensures access to various viewpoints, leading to a more informed and engaged citizenry. This pluralistic media environment serves as a model for other nations, highlighting the crucial role of media diversity in supporting democratic values and transparency.  More commendable, South Africa has notably transformed the South African Broadcasting Corporation into a public service broadcaster accountable to the public through legislative and other accountability mechanisms, as envisaged in the 2019 Declaration.

Despite significant progress in freedom of expression and access to information in Africa, challenges persist. Many countries lack specific access to information laws, leading to poorly defined and inadequately protected rights. Where such laws do exist, their implementation often suffers due to insufficient resources, lack of political will, or bureaucratic inefficiencies, resulting in limited public access to crucial information. Systemic issues like corruption and political interference further impede effective information access. Restrictive laws and digital repression tactics negatively impact the freedom of expression landscape. Many countries have enacted laws that curtail free speech, often under the guise of maintaining national security or public order. These restrictions are compounded by digital repression tactics such as internet shutdowns, which are frequently employed to suppress protests and control dissent. Several countries, including Ethiopia, Mozambique and Senegal have taken this unfortunate approach. The use of illegal targeted and mass surveillance in the digital age exacerbates the challenge by significantly infringing on privacy and stifling free expression. In a landscape where personal data is increasingly vulnerable, such surveillance practices create a pervasive atmosphere of fear and self-censorship. Citizens, concerned about the potential repercussions of their online activities, may hesitate to express their views freely. This undermines the fundamental right to privacy and also discourages open and honest discourse, weakening democratic engagement and the overall health of public debate. As surveillance technologies advance, the need to address these privacy violations and safeguard digital freedoms becomes even more critical.

The spread of misinformation and disinformation in the digital age undermines information integrity and distorts public discourse. The rapid dissemination of false content through social media erodes trust in credible sources, creates public confusion, and exacerbates social divisions. Combatting this challenge requires enhancing media literacy, improving fact-checking, and ensuring greater accountability from digital platforms. Addressing these issues is essential for maintaining an informed public and supporting healthy democratic processes and societal cohesion.

Additionally, online violence, including harassment and abuse, disproportionately affects women, creating a hostile and unsafe digital environment that discourages their participation in public discourse. Women are often targeted with threats, insults, and other forms of online abuse, which undermines their confidence and also silences their voices and deters their engagement in crucial conversations. This pervasive problem exacerbates gender inequality and restricts the diversity of perspectives in public dialogue.

Finally, as we mark the 20th anniversary of the Special Rapporteur on Freedom of Expression and Access to Information, the Centre for Human Rights reaffirms its steadfast commitment to supporting the Special Rapporteur in advancing the promotion and protection of the right to freedom of expression and access to information throughout Africa. We remain dedicated to working closely with the Special Rapporteur to ensure a future where every individual in Africa can express themselves freely and access information without fear or restriction. To this end, the Centre for Human Rights, in collaboration with various stakeholders, is actively engaged in a range of activities, including webinars, podcasts, publications, and other initiatives, all of which will be featured on our website.