The Centre for Human Rights, Faculty of Law, University of Pretoria welcomes and applauds the recent adoption of the resolution on the Promotion and Protection of Artistic Freedom in Africa and the development of a Model Law on Artistic Freedom in Africa (ACHPR/Res.654(LXXXVI) 2026) by the African Commission on Human and Peoples’ Rights (the African Commission). The Resolution was adopted at the Commission’s 86th Ordinary Session, which reaffirms the centrality of artistic expression as a protected form of communication under Article 9 of the African Charter on Human and Peoples’ Rights. The resolution recognises the indispensable role of artists, cultural practitioners, and creative industries in fostering democratic dialogue, social cohesion, and the preservation of Africa’s diverse cultural heritage. This resolution-the first to explicitly name artistic freedom at the regional level is vital in calling for both national reform and the development of a model regional law. The development of this resolution came out of conversations on the sidelines of the Pan African Network on Artistic Freedom (PANAF) Summit held in February in Addis Ababa, in attendance of the Special Rapporteur for Freedom of Expression and Access to Information who supported the idea of a resolution and model law. The Centre, takes special recognition to the drafting team; Sam Brakarsh, Wesley Mwafulirwa, Lisa Sidambe, and the Special Rapporteur's team.
The Centre further commends the Commission for addressing the growing challenges facing artistic freedom across Africa, including censorship, intimidation, arbitrary arrests, and the misuse of laws relating to public order, cybersecurity, and national security to unjustifiably restrict expression. In an era where digital platforms have become critical spaces for creative expression, the resolution’s emphasis on maintaining open, safe, and accessible online environments is both necessary and forward-looking.
Importantly, the resolution calls on States Parties to review and reform restrictive legal and regulatory frameworks, ensure that any limitations on artistic expression comply with the principles of legality, necessity, and proportionality, and protect artists from undue interference.) It further mandates the development of a Model Law on Artistic Freedom in Africa, which has the potential to guide harmonisation of national laws with regional and international human rights standards.
The Centre is part of the African coalition on the promotion of artistic freedoms and the expert working group on development of the model law on the same. This resolution is a critical normative development within the African human rights system as it reinforces existing standards on freedom of expression and access to information while expanding their application to artistic and cultural domains. The Centre calls upon African States to fully implement the provisions of this resolution and to actively support the development of the Model Law, ensuring that artistic freedom is effectively protected both offline and online.
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