As Angola prepares for the first free presidential and parliamentary elections in over 16 years, the need for a legal framework ensuring full freedom of expression has become even more critical. In this context, a report released on 1 August by ARTICLE 19 recommends sweeping changes to electoral and media laws in Angola to ensure fair elections in 2008 and 2009.
“National elections are a pivotal moment in any democracy. If at those times, candidates are not allowed to criticize each other or government policy, and the free flow of information generally is restricted, the public at large will not be able to cast an informed vote,” Peter Noorlander, Senior Legal Officer for ARTICLE 19, told RAP 21.
ARTICLE 19’s report entitled “Freedom of Expression and the Angolan Elections” identifies what they believe are serious shortcomings in Angola’s electoral laws and regulations, press law, criminal law and access to information laws. According to the organisation, all of these impose illegitimate restrictions on free speech and can be easily abused to silence political opponents.
The report is particularly critical of Angola’s defamation laws. Despite a 2005 ruling by the UN Human Rights Committee that finds Angola in breach of its international obligations in this area, ARTICLE 19 says the legal framework is still unduly strict and easily abused.
“The most alarming flaw the report found was that the regulatory framework allows for broad and vague restrictions to be imposed, and arbitrary use of laws to suppress critical or unpopular voices,” Noorlander said.
The report added that these restrictions limit both what candidates can say, and how the media can report on matters of public interest. In addition, ARTICLE 19 warns that Angola’s access to information laws place the state in firm control of what public information is released. As a consequence, a legal and regulatory situation prevails, hindering rather than promoting, the free flow of information and ideas.
"The upcoming elections will afford an unprecedented opportunity for citizens to create a culture of openness, democracy and good governance in Angola,” said John Barker, Africa Programmes director at ARTICLE 19. “However, to allow for the effective exercise of freedom of expression and of access to information during the election period, some changes in existing electoral and media laws are necessary."
The report released on 1 August by ARTICLE 19 can be viewed at http://www.article19.org/pdfs/publi....
